top of page

Introduction to German Family Law

If you are going through a separation in Germany and have children, one of the most pressing questions is: how much child support will be paid, and how is it calculated? German law on child support – known as Kindesunterhalt – is detailed and, at first glance, not easy to navigate for someone unfamiliar with the system. This article gives you a clear overview of how it works.


Who is entitled to child support?


Under German law, every child has a legal right to financial support from both parents. When parents separate, the parent who does not live with the child (the non-resident parent) is obligated to pay monthly child support. This applies regardless of whether the parents were married, in a registered partnership, or unmarried.


As an expat, an important preliminary question is whether German law even applies to your situation. Generally, if your child lives in Germany, German law governs child support – even if one or both parents are foreign nationals. However, if one parent lives abroad, international private law rules come into play, and the situation becomes more complex. If this applies to you, it is worth seeking legal advice early.


How is child support calculated?


Germany uses a standardised framework called the Düsseldorfer Tabelle — a table updated annually by the courts that sets out minimum child support amounts based on two factors: the income of the paying parent and the age of the child.

The table divides children into four age groups:

  • 0 to 5 years

  • 6 to 11 years

  • 12 to 17 years

  • 18 years and older

As the child grows older, the monthly amount increases. As the paying parent's income increases, so does the obligation. The table sets minimum amounts — courts can deviate upwards in cases of particularly high income.

As a rough orientation: for a child aged 6 to 11, the minimum monthly support starts at around EUR 620 euros per month for the lowest income bracket, rising significantly with higher income levels.



The most important question for you: What counts as income?


This is where things get more complicated and important. German courts do not simply look at your net salary. Relevant income includes employment income, self-employment income and freelance earnings, rental income, investment returns, and certain benefits.

Deductions are also considered — for example, work-related expenses, pension contributions, and in some cases loan repayments. If a parent is voluntarily unemployed or underemployed, courts may attribute a notional income based on their earning capacity. This is a particularly important point for expats who may have left a job abroad or are between positions.

This is where specialist legal knowledge can really make a difference. Feel free to reach out for a no-obligation initial consultation. 


What if the paying parent lives outside Germany?


This is a common scenario for expats. If the parent obligated to pay child support moves abroad, enforcement becomes more complicated, but not impossible. Germany is a signatory to several international conventions on child support enforcement, including agreements within the EU and with many other countries. German court orders can in many cases be enforced abroad.


Conversely, if you are the resident parent in Germany and the other parent has moved to another country, a German family law attorney can advise you on the best route to secure and enforce payments.


Can parents agree on child support privately?


Yes – parents can agree on child support amounts privately, without going to court. However, for the agreement to be legally enforceable, it must meet certain formal requirements. Informal agreements, for example by email or verbal understanding, are not enforceable in Germany.

A formal Jugendamtsurkunde – a document drawn up by the local youth welfare office – or a notarised agreement provides enforceability. It is also possible to formalise an agreement through the family court.

One important point: parents cannot agree to waive child support entirely. Under German law, child support is a right of the child, not the parents — and it cannot be contracted away.


How long does child support last?


Child support obligations do not automatically end at age 18. If the child is still in education – whether at school, in vocational training, or at university – the obligation generally continues. During this period, the child's own income and any grants they receive are taken into account when calculating the remaining support obligation.


What should you do next?


Child support in Germany is governed by a detailed legal framework, and individual circumstances – income structure, cross-border elements, existing agreements – which can significantly affect the outcome. Getting the right information early helps avoid disputes and protects the financial interests of your child.


If you are an expat navigating child support questions in Germany, I am happy to help. Book a free 15-minute introductory call to discuss your situation or just get in touch with me via mail or chat – in English, with no obligation.



This article is for informational purposes only and does not constitute legal advice. For advice tailored to your specific situation, please consult a qualified family law attorney.

 
 
 
bottom of page