Alimony

Maintenance is called in the original sense all the means that are necessary to ensure the human existence. It may be goods, money or other benefits.

In the narrow, modern sense maintenance ( historically sustentation ) means to secure the obligation of an individual, the existence of another person in whole or in part. The term alimony (from Latin Alimentum "Food, alimony " ) called in this context financial maintenance payments; mostly for their own children, who can not be supplied directly.

The obligation to pay maintenance, can arise from a contractual agreement or by law. Maintenance is one of the cornerstones of social welfare and social security.

  • 2.1 Germany
  • 2.2 Austria
  • 2.3 Switzerland

Basics

The upkeep, rendered as a concept in the 16th century from the Latin sustentatio literally into German, is one of the foundations of social protection, based on the fact that family members support each other materially and financially. The upkeep is based both on the principle of solidarity as well as on the principle of state and intra-family welfare and defined the family as a community of need. The amount of maintenance is specified in addition to the maintenance guidelines in the Düsseldorf table, which is updated regularly. For the conscription, military training or civilian conscripts the type and amount of maintenance performance security shall, after receiving the maintenance Act ( EPA).

Money maintenance, Natural Maintenance, care maintenance

Maintenance includes all services to ensure the essential needs of a person.

The term alimony, which translates as "food" or "food" means in French, refers in today's legal language on money maintenance ( Barunterhalt ) during the maintenance term also includes Natural maintenance and care maintenance.

  • Money maintenance ( Barunterhalt ) is the regular payment of a total budget
  • For Natural maintenance include: accommodation
  • Food
  • Clothing
  • Teaching and education
  • Leisure time
  • Pocket money

Beneficiaries of a maintenance

The basic social protections through maintenance should include the

  • Child support to the children
  • Maintenance of the ( ex-) spouse, ( ex-) life Gefährtens or ( ex-) partner of a registered partnership
  • Parents keep towards parents
  • Maintenance of other family members
  • Maintenance of the people for whom one holds custody and guardianship
  • Maintenance of the state towards the military or civilian service conscripts and their families (spouses, children, etc. )

Obligation to pay maintenance

The maintenance obligations are in different cultures as a result of:

  • Custody duties of heads of families for family relationships and relationships - in European systems, in particular child-parent ( child support, parental maintenance), and marriage ( spousal support ) and other partnerships - and other foster care
  • For minors and care into educational institutions, orphanages, institutions, or by the teacher
  • Community maintenance obligations on the part of institutions such as secular and faith- based communities, the state, communities of all kinds, oath-bound brotherhood and religious communities, cooperatives and Allmendfeld communities, and other systems of collective social protection
  • Service obligations to the State, such as military service or civilian service in accordance with Maintenance Act ( USG )

Deductible

The deductible or captive denotes a minimum monthly amount that is guaranteed to the debtor in order to obtain a certain standard of living.

National regulations

Germany

In Germany the maintenance of the Civil Code is regulated, especially in family law. For life partner, the right to maintenance of marriage shall apply accordingly. Regard should also be issued by the various courts of appeals amusing legal guidelines that detail may differ quite.

Maintenance claims divorcees were governed from 1976 to 2007 by the First law on the reform of marital and family law. 2008 defined the law amending the law of maintenance claims of divorcees, unmarried single parents and children extensively redesigned.

Austria

Maintenance includes the following services for groups of people:

  • The maintenance obligations of parents / grandparents and their Nachlassern against children, and the " wrong " maintenance of children for their parents and grandparents are regulated by the Austrian child law, a part of family law.
  • In marriage there is mutual support obligation pursuant to § 94 of the Civil Code, which also miteinschließt marital maintenance. The head of household spouse without their own income are at a third, the less -earning 40 percent of family income. As far as possible also in cash. In divorces, if this regard no amicable agreement is reached, create a fault-based claim for maintenance against the former husband. In the case of a non-marital cohabitation arises in the coexistence in circumstances in isolation but no claim for maintenance against the partner.

The maintenance claim is enforceable.

Switzerland

Article 152 of the Civil Code committed, in the case of " great need " of a spouse after the divorce, the other spouse to pay child support.

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