Child support and student financial aid
September 24, 2009 | 25,00 EUR | answered by Steffan Schwerin
My daughter (19 years old) accepted an apprenticeship after completing her high school diploma. She then immediately quit to catch up on her Fachabi (equivalent to A-Levels). Now, after successfully completing that, she is attending a private language school for 2 years, which costs 260 euros per month.
Since her high school graduation, I have been paying 312 euros in child support. According to the German table (476) minus child benefit (164), this equals 312 euros.
She has now applied for Bafög (federal financial aid for students) and has a basic entitlement of 212 euros. After calculating the parents' income (mother 0), my assessable income is 117 euros. Therefore, she receives 95 euros in Bafög. I am aware that the standard needs assessment for an adult child is 640 euros. She lives with her mother.
Now my question is: Will the received Bafög be deducted entirely or partially from the child support I have to pay? What does assessable income mean? In short, do I have to pay more or less now? And what about the mother's obligation to pay child support? Since both parents are obligated to provide financial support. And does attending a private language school for 2 years count as education?
I must also mention, I do not have a court order for child support. I am paying voluntarily and just want to make sure I am not doing anything wrong. But I also do not want to be seen as a cash cow, especially since there is no contact with my daughter and she does not want any. I would be very grateful for a comprehensive answer.
F. Lier
Dear questioner,
I will answer the questions you have asked considering the facts you have described and your input as follows:
Question 1: Will the received Bafög be fully or partially deducted from the maintenance I have to pay?
The Bafög is only partially taken into account here.
The Bafög can only be used for about 20% for studying, and the remaining amount is for general living expenses.
Therefore, the Bafög is also only partially taken into account here.
Question 2: What does the countable income mean?
Countable income is the monthly net income minus existing liabilities, such as other maintenance obligations, credit liabilities.
Question 3: In short, do I now have to pay more or less? And what about the mother's maintenance obligation? Since both parents are obligated to pay child support.
Both parents are obligated to pay child support.
The mother is just as obligated to pay child support as you are.
A detailed calculation of maintenance cannot be provided here. However, it is assumed that the amount you are paying is adequate, especially since you are paying voluntarily.
Whether the amount of maintenance will change specifically cannot be determined without the relevant information. A concrete calculation of maintenance is no longer included in the initial advice.
In any case, children during vocational training have a basic need of €640.00.
This is ensured during an apprenticeship, for example, through remuneration and possibly through training support. To supplement this amount, an appropriate maintenance rate is calculated.
The exact calculation also depends on the income of the parents. Each parent is entitled to a self-support reserve of €1,000.00.
To claim child support in the correct amount, it is necessary to know the relevant net income of the maintenance debtor. The maintenance debtor is obliged to provide this information to the child or their legal representative.
Question 4: Does attending a private language school for over 2 years count as education?
In principle, until the child reaches the age of majority, the parents are responsible for the care of the child under parental authority, according to § 1626 of the German Civil Code. In this case, the daughter is already 19 years old and therefore of legal age and no longer under parental authority.
Adult children are generally expected to support themselves unless they are unable to do so due to ongoing schooling or vocational training (apprenticeship or studies).
However, there is still a (financial) maintenance claim by the child against the parents beyond legal age.
As long as the child entitled to maintenance lives with one parent, the other parent is obligated to pay maintenance.
In any case, the maintenance claim usually exists until the completion of the first education. Furthermore, a maintenance claim by the child may also exist for the period of an unpaid vocational internship. However, case law restricts this claim in favor of the parent obliged to pay maintenance, as an actual vocational internship must be in place.
Regarding a visit to a language school, if it serves the purpose of preparing or realizing an education, then the visit also counts as education in this sense.
I would like to point out that this platform cannot replace detailed and personal legal advice. The aim is solely to provide an initial rough assessment of your legal problem based on the information you have provided to a lawyer. The legal advice I have provided is based solely on the facts you have provided. By adding or omitting relevant information in your description of the facts, a completely different legal assessment may result.
I hope I have provided you with an initial overview and that my explanations have been helpful. You are welcome to contact me through the follow-up option on this platform.
Furthermore, I am also available for legal representation. I would credit the initial consultation fee to you in full.
A greater distance between lawyer and client is generally not a problem. With the help of modern communication tools such as email, mail, fax, and telephone, legal representation is also possible.
Yours sincerely,
Steffan Schwerin
Lawyer
Law firm Steffan Schwerin
Golmsdorfer Straße 11
07749 Jena
Tel .: 03641 801257
Fax: 032121128582
Email: steffan.schwerin@hotmail.de
Website: www.rechtsanwaltskanzlei-steffan-schwerin.de
