maintenance payment
May 28, 2009 | 25,00 EUR | answered by Dr. Lars Nozar
Dear Sir or Madam,
I am a single parent with two children. Due to a move, it turns out that my 16-year-old daughter will stay with me, while my 12-year-old son will move to live with my ex-husband. He earns a net income that is two and a half times higher than mine.
Will the child support I have been receiving from him now simply halve or disappear altogether, as each parent now has one child to support?
Hello, regarding your question:
After a divorce, if each parent has a child living with them like in your situation, each parent is responsible for providing child support based on their individual income and ability to pay for the child living with the other parent.
The child is the creditor of the child support claim, and the parent who does not have custody of the child is the debtor. Therefore, child support cannot be offset in relation to each other.
Formally, both claims are considered against each other. However, in practice, the claims are usually "offset".
Therefore, you need to calculate the child support you owe to your son and compare it to what your divorced husband owes to your daughter according to the "Düsseldorf Table". Depending on the specific numbers, you may receive supplementary child support or not.
Please note that without knowledge of the specific circumstances (such as whether the daughter is in education, etc.), a definitive answer cannot be given.
I hope this information helps.
