child support
May 30, 2010 | 50,00 EUR | answered by Bernhard Müller
Hello, my question is regarding child support that I have to pay after my divorce.
I have been divorced for 5 years and I currently pay 560 EUR per month in child support for my two children (currently 16 and 17 years old).
I do not pay any support to my ex-wife, as we agreed on this during the divorce and through a prenuptial agreement. (She is employed herself). By the way, child benefits are transferred to my ex-wife.
I have been remarried for 4 years, have a 3-year-old son, and my wife is a homemaker with no income of her own. My net income is 2100 EUR.
I am aware of the Düsseldorf table, but I do not know what our own needs are and how much I actually have to pay.
Therefore, I kindly request to calculate the child support. I only want this for my information, as I intend to maintain the current support. It's just that my ex-wife believes I should pay more (although she is not asking for more!). At the same time, I believe I am paying more than I should. So, I just want to know who is right. We both do not want to change the support.
I hope you can assist me and thank you for your efforts.
Best regards.
Dear inquirer,
According to Note 3 of the Düsseldorf Table, your net income must first be reduced by 5% for job-related expenses.
2,100 Euro - 5% = 1,995 Euro
This falls into the 3rd income bracket of the table. This means that for the 16 and 17-year-old children, an initial support amount of 469 Euro each is calculated. Half of the child benefit must be deducted (184/2 = 92). This results in an initial payment of 377 Euro per child.
For the 3-year-old child from the second marriage, the calculated support amount is 349 Euro = 257 Euro payment.
1,995 - 2 * 377 - 257 = 984 Euro, which remains for you. Since this is less than the needs-based amount of the 3rd bracket, we need to move down to the 2nd bracket.
There, the support amounts are 448 and 333 Euro, which would result in payment amounts of 356 and 241 Euro after deducting half of the child benefit.
1,995 - 2 * 356 - 241 = 1,042. This is more than the needs-based amount of the 2nd bracket, so according to your information, 356 Euro each for the 16 and 17-year-old children, totaling 712 Euro, would be payable.
Not considered in my calculation, as you did not provide information, is the income of the divorced wife as well as the children's own income, for example, apprenticeship pay if the children are already in training.
This could lower the amount to be paid.
The relevant information can be provided within the scope of further inquiries if known to you.
If child support was established in the divorce decree, you must continue to pay the amount or percentage stipulated in the decree until it is amended, regardless of the calculations based on current data.
Sincerely,
Bernhard Müller Attorney
