entertainment
August 31, 2009 | 20,00 EUR | answered by Andreas Scholz
My stepson (17 years old) receives maintenance from his biological father, currently 319,- EUR. Now the stepson has started an apprenticeship as a baker, where he earns 300,- EUR net - minus 30,- EUR for breakfast costs. He drives approximately 1,000 KM to work and back each month with his moped. The stepson also has the option to rent an apartment above the workplace for 180,- EUR including utilities. Question: How much does the biological father still have to pay in maintenance for both options (a) travel costs, b) apartment above workplace) - the biological father has a net income of approximately 1,400,- EUR as a single person without any other children.
Dear questioner,
The son's income is to be offset against the need, reduced by the so-called training-related additional requirement. The training-related additional requirement amounts to 90 euros, so that the son's training remuneration of 240 euros must be offset against the son's need. The need is based on the father's adjusted net income: According to DT 377 euros. After offsetting, there would remain a maintenance claim of 137 euros. Half of the child benefit must be deducted from this, so that the father's maintenance debt amounts to 55 euros in the end. It should be noted that the training-related additional requirement is a "standard deduction". If unavoidably higher costs can be proven, adjust the training income to be offset accordingly. It would be helpful to know how much the son actually spends on fuel costs for commuting each month. If the costs are higher than 90 euros, the father's maintenance burden would increase accordingly because the offsettable part decreases.
It should be noted that if the minor son moves to a residence outside the parents' home, both parents become obliged to pay child support, including the mother. Therefore, her adjusted net income should also be taken into account in the needs calculation. The child benefit should be fully offset. The training-related additional requirement would remain at 90 euros, so at least 240 euros of training income plus 164 euros of child benefit would need to be offset against the maintenance claim.
I hope I have been able to provide you with some initial legal guidance. If you have any uncertainties, please feel free to ask.
Best regards,
Andreas Scholz, Attorney at Law
