How are maintenance payments calculated?
June 20, 2022 | 40,00 EUR | answered by Erwin Evers
Dear Lawyer,
My name is Carsten Winterstein and I am on the verge of getting divorced. My wife and I have two children, for whom I naturally want to continue to provide financially. I earn a good salary as an engineer, while my wife is currently on parental leave and has no income of her own.
I am very concerned about how the maintenance payments for my wife and children will be calculated. I want to support them fairly and appropriately, but at the same time, I also need to keep an eye on my own financial situation. Is there somewhere I can read about how maintenance payments are calculated exactly? What factors are involved and how can I ensure that the calculation is done correctly?
I would greatly appreciate your help and advice, as I am unsure about this matter and have many concerns. Are there possibly alternatives to regular maintenance payments that are fair and just for both parties? I look forward to your support and thank you in advance for your time and expertise.
Sincerely,
Carsten Winterstein
Dear Mr. Winterstein,
Thank you for your inquiry and your trust in my expertise as a divorce lawyer. It is understandable that you are concerned about the maintenance payments for your wife and children and want to ensure that they are fair and appropriate. I am happy to explain to you the calculation basis for maintenance and provide you with some information on possible alternatives.
The calculation of maintenance is primarily based on the legal provisions of the Civil Code (BGB). Various factors are taken into account, such as the income of both spouses, the needs of the children, the age of the children, any caregiving and work periods of the spouses, as well as other individual circumstances.
In Germany, there are guidelines and tables for the calculation of maintenance that serve as a reference. One of the most well-known is the so-called Düsseldorf Table, which sets the minimum maintenance amounts for children. For spousal maintenance, there are also tabular guidelines that can serve as a reference, but individual circumstances must also be taken into account.
It is important to note that the calculation of maintenance is individual and case-specific, and therefore a precise analysis of the financial situation of both spouses is necessary. It is advisable to consult an experienced family law attorney to ensure that the maintenance payments are calculated correctly and in line with your financial capabilities.
In terms of alternatives to regular maintenance payments, there are various options that can be considered on a case-by-case basis. These include, for example, the agreement of in-kind support (e.g. housing or services instead of cash payments), the establishment of an advance maintenance payment, or the security provided by a maintenance insurance. However, these alternatives should be thoroughly examined and discussed with the parties involved to find a fair and just solution.
Therefore, I recommend scheduling a consultation for a personalized discussion of your situation and to work together on finding the best possible solutions. I am available to answer any further questions and look forward to assisting you with your concerns.
Sincerely,
Erwin Evers
