Childcare maintenance: What is it and how is it calculated?
A single parent is entitled to childcare maintenance under certain conditions. In this article, we have summarized all the important regulations relating to childcare maintenance for you. In addition, you can find out how long you are entitled to childcare maintenance and how it is calculated.
Childcare maintenance is primarily understood to mean a cash benefit between two separated parents of a common child. Childcare maintenance is paid to the parent who cares for the child. In principle, it is irrelevant whether the parents were married or not. The regulations on childcare maintenance therefore apply equally to legitimate and illegitimate children and are independent of child maintenance. The parent with whom the child does not live must pay this anyway. For more information, see our related article onchild support.
If the parents were married, childcare maintenance can be regarded as a form of post-marital spousal maintenance. Take a look at our article “Spousal maintenance” and find out what forms of maintenance there are in addition to childcare maintenance.
Childcare maintenance: How long is the entitlement valid?
The entitlement to childcare maintenance generally applies from birth to the child’s third birthday. During this time, the caring – and thus dependent – parent is not obliged to pursue gainful employment. At the end of the three years, the caring parent is encouraged to return to work; however, he is not required to take up full-time employment overnight. A gradual return to working life, for example through part-time models, is usually possible.
Extension of childcare maintenance
The entitlement to childcare maintenance can also apply beyond three years. The decisive factor here is above all the well-being of the child. If, for example, he is not yet so far advanced in his development and can not be expected to be cared for by other people, the caring parent is usually not expected to pursue employment again even after the age of three. Lack of care facilities or illnesses and disabilities of the child can also lead to an extension of the entitlement to childcare maintenance.
If the parents are divorced, in some cases factors in the context of so-called “post-marital solidarity” can also justify a longer entitlement to childcare maintenance. This is the case, for example, if a clear distribution of roles has been agreed during the marriage and the caring parent has given up his or her profession in favour of childcare.
However, there is no flat-rate regulation for the extension of childcare maintenance. Rather, decisions are always made on a case-by-case basis. If the caring parent wishes to obtain an extension in court, the full burden of proof of the need lies with him.
How is childcare maintenance calculated?
Like mostmaintenance claims, the amount of childcare maintenance depends on the income situation of the former partners. The childcare maintenance is calculated according to the 3/7 method, which is also used in the calculation of spousal maintenance within the framework of the employment bonus. In the case of childcare maintenance, it states that 3/7 of the so-called difference income results in the maintenance claim. Here is a simplified example:
The father liable for maintenance has 4000 euros at his disposal, the dependent mother 1000 euros per month. The difference between the income, and thus the difference income, is therefore 3000 euros. The 3/7 rule is now applied to these 3000 euros. Accordingly, the mother (3,000x(3/7))=1,285.71 euros is entitled to childcare maintenance.
In principle, however, the parent liable for maintenance must be able to provide childcare maintenance. Depending on the income situation, the entitlement can therefore be reduced, for example, if the legally granted deductible – a personal requirement to ensure a good standard of living of maintenance debtors – is undercut. Further information on thedeductible and themaintenance obligationcan be found in our corresponding articles.
Childcare maintenance during and after pregnancy
In addition to the one described above, there is another form of care maintenance – namely maintenance during and after pregnancy. It applies to unmarried women who do not live with the father of the child, for example in the case of pregnancy as a result of a one-night stand or a short relationship. Due to their pregnancy, they usually have a loss of income or can no longer work. They can compensate for this financial disadvantage by asserting their claim for childcare maintenance against the biological – and thus also responsible – father. Paternity must be proven beyond doubt, either by recognition by the father or apaternity test.
In such a case, the entitlement to childcare maintenance usually begins 6 weeks before the birth and ends 8 weeks afterwards. However, it can also be claimed earlier or longer, up to four months before and after birth. This is possible, for example, if the mother cannot be expected to work for a longer period of time due to pregnancy or childbirth or an illness that has occurred as a result. Other costs in the context of pregnancy and childbirth, which are not covered by the health insurance, must also be borne by the biological father.
This special form of childcare maintenance is independent of the previously described childcare maintenance in the “classical sense”. Of course, this also comes into play when the mother raises the child. If the father takes over the care of the child, the entitlement to childcare maintenance described above naturally applies to him.
Amount of childcare maintenance during and after pregnancy
Put simply, the childcare maintenance must correspond to the amount of the (expectant) mother’s loss of income. However, it cannot be higher than the 3/7 rule described above would result. The law stipulates a minimum maintenance of 770 euros.
If the father cannot afford this amount after deduction of the deductible – which is usually 1,100 euros for the payment of childcare maintenance – this is referred to as a so-called deficiency. The childcare maintenance would then correspond to the amount left to the debtor after deduction of the deductible. Here is another simplified example:
The father has 1,500 euros per month at his disposal. After deduction of the deductible of 1,100 euros, 400 euros remain. If he does not have to fulfill any further, overriding maintenance obligations, the (expectant) mother is entitled to 400 euros in childcare maintenance.
Further information on the deficiency can also be found in our article on theDüsseldorf table.