Do I Have to Pay Child Support After Separation in Germany?

Question from Greg, Do I Have to Pay Child Support After Separation in Germany?

Answer from AI:

When parents separate in Germany, even if they were never married, the financial responsibilities towards their children remain a crucial consideration. Given that you and your ex-partner share custody equally (50/50 model) and you earn significantly more, it’s important to understand how child support obligations are determined under German law.

Child Support in Germany

In Germany, child support (Unterhalt) is primarily governed by the Bürgerliches Gesetzbuch (BGB), or Civil Code, and the Düsseldorfer Tabelle, which provides guidelines for calculating child support.

Key Points to Consider

1. **Equal Custody and Financial Responsibility**:
– When parents share custody equally, both are generally expected to contribute to the child’s needs proportionally based on their income.
– The principle of proportionality means that the parent with the higher income may still need to provide additional financial support to ensure the child’s standard of living is maintained.

2. **Düsseldorfer Tabelle**:
– This table is used to calculate the amount of child support based on the non-custodial parent’s income and the number of children.
– In cases of equal custody, the table can still serve as a reference to determine if additional support is necessary.

3. **Child Benefit (Kindergeld)**:
– The child benefit is typically shared between parents in proportion to their custody arrangement.
– Since your ex-partner receives the child benefit, this amount is usually considered when calculating any additional support obligations.

Steps to Determine Financial Obligations

1. **Calculate Combined Income**:
– Determine the combined net income of both parents.
– Assess each parent’s contribution to the household expenses and the children’s needs.

2. **Apply the Düsseldorfer Tabelle**:
– Use the table to estimate the basic child support amount based on your income.
– Adjust for the shared custody arrangement.

3. **Consider Additional Costs**:
– Factor in any additional costs such as education, healthcare, and extracurricular activities.
– These costs should be shared proportionally based on income.

Legal Advice and Resources

Given the complexity of child support calculations, especially with equal custody and significant income disparity, it is advisable to consult with a legal professional. A lawyer specializing in family law can provide personalized advice and ensure that all legal requirements are met.

– **Consult a Family Lawyer**: A lawyer can help you navigate the specifics of your case and ensure that the child support arrangement is fair and legally sound.
– **Self-Help Resources**: The [Düsseldorfer Tabelle](https://www.justiz.nrw.de/JM/Service/GB_Informationen/Tabellen/duesseldorfer_tabelle/index.php) is available online and can be a useful tool for preliminary calculations.

Conclusion

While you and your ex-partner share custody equally, your higher income may still necessitate additional financial support to ensure your children’s needs are met. Consulting with a legal professional is crucial to determine the exact obligations and to formalize any agreements. Always ensure that any arrangement prioritizes the well-being and best interests of your children.