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Book 4 · Family law  ›  Subtitle 1 · General provisions › Section 1612a

Minimum maintenance of minor children; authorisation to issue statutory instruments

(1) A minor child may demand from one parent, with whom it does not live together in one household, maintenance as a percentage of the applicable minimum maintenance. The minimum maintenance is based on the material subsistence level of the minor child, which is to be exempted from taxes. The monthly rate, depending on the age of the child, is

1.  for the time until the child attains the age of 6 (first age bracket) 87 per cent,

2.  for the time from the age of 7 until the child attains the age of 12 (second age bracket) 100 per cent and

3.  for the time from the age of 13 on (third age bracket) 117 per cent

of the material subsistence level of the minor child, which is to be exempted from taxes.

(2) The percentage is to be limited to one decimal place; every further decimal place resulting is not taken into account. The amount resulting from the calculation of the maintenance is to be rounded up to whole euros.

(3) The maintenance of a higher age bracket applies from the beginning of the month in which the child reaches the relevant age.

(4) The Federal Ministry of Justice and Consumer Protection (Bundesministerium der Justiz und für Verbraucherschutz) is to determine by statutory instrument, which does not require the consent of the Bundesrat, the minimum maintenance for the first time as per 1 January 2016 and every two years thereafter.

(5) (repealed)

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