If the caring parent earns three times as much as the other, he or she may also be required to pay cash support. The decisive factors are the difference in income, the deductible and the case law. This overview shows when the court intervenes.
Principle: Care replaces cash maintenance
If the child lives predominantly with one parent, the latter usually fulfills their maintenance obligation through care, upbringing and provision. This so-called childcare maintenance is legally equivalent to cash maintenance, regulated in Section 1606 Paragraph 3 of the German Civil Code (BGB). The income of the caring parent is usually not taken into account, according to Unterhalt.com. Only if there are serious differences in income can this also be used financially, as divorce-online.de explains.
Triple income as a threshold
The Federal Court of Justice considers an income that is more than three times higher to be the relevant threshold above which the caring parent can also become liable for cash support. He made this clear in a landmark ruling (BGH FamRZ 2013, 1558). Unterhalt.com gives the example of a caring parent with a net income of 7,300 euros compared to 2,400 euros for a parent liable for cash support. The prerequisite is that the caring parent is able to pay without endangering their appropriate deductible – regulated in Section 1603 Paragraph 2 of the German Civil Code (BGB).
Exceptions are possible with a difference of just 500 euros
It is not always necessary to have an income three times higher for the caring parent to be liable for cash support. The Schleswig Higher Regional Court has decided that a net income difference of 500 euros can be sufficient if the parent liable for cash support can no longer meet their deductible (OLG Schleswig NZFam 2014, 712). In such cases, the higher-earning caring parent may be required to contribute to the cash support. According to iurFRIEND, it always depends on the circumstances of the individual case – there is no rigid regulation, but rather a consideration of individual circumstances.
Abuse excluded: Obligation to purchase remains
The parent liable for cash maintenance may not specifically reduce their working hours or give up their job just to avoid the maintenance obligation. Such behavior would be an abuse of the law, emphasizes iurFRIEND. According to Section 1603 of the German Civil Code (BGB), there is an obligation to work: Anyone who is obliged to pay maintenance must generally work full shifts – unless there are demonstrable health or other restrictions.
Coming of age changes everything
As soon as the child reaches the age of 18, the obligation to care for the child ends – from this point on, both parents are obliged to pay child support. This is regulated by Section 1603 Paragraph 2 of the German Civil Code (BGB). This means that the income of the parent who previously cared for the child is also taken into account when distributing maintenance. The maintenance then depends on the income levels of both parents in relation to each other.
Editorial team finanzen.net