Child support

Child maintenance is the maintenance, make the guardians to their children.

The obligation of parents, in addition to nurture and care for the living needs of children who can not take care of himself, is an expression of family solidarity. The obligation to pay maintenance is generally not only against minors or minors, but also beyond, in times of training and low income. Also, maintenance is not limited to the lives in the same household.

National regulations

Germany

Child support (child's claim against a parent ) is regulated by law in Germany in § § 1601 et seq BGB cf. especially § 1612a BGB. Thereafter, there is a graduation by age ( to 6 years, 7 - 12th year of life, from the age of 13 ) for the minimum maintenance of minor children. Recognition of the child benefit to the cash amount in accordance with § 1612b BGB; Due to other child -related services in accordance with § 1612c of the Civil Code.

The financial maintenance is based on the Düsseldorf table that is adjusted to the cost of living - these are intended as a guide for decision making. They are based on the assumption that the maintenance obligor for an adult and 2 children maintenance paid ( usually family), courts can make arrangements adapted to the situation. A distinction between legitimate children and children of unmarried parents is not taken.

Austria

In Austria, the child support through the child law, in particular by § 231 et seq AGBG is regulated by law. Basically, both parents are responsible for them. The parent who makes the care of the child ( care and education ), thus making its contribution. The other parent who does not live with the child in the same household, has a maintenance obligation in cash.

Child support is " measured " by the needs and performance principle ( not calculated). The higher the income (average net income ) of each is the breadwinner, the more maintenance is payable. Each parent must endeavor to contribute according to his forces for the maintenance of the child. In case of dispute shall, on request (under current custody legitimate parent of the child named ) the family court process except in dispute. However, this may also be the so-called tension principle be applicable, according to which the debtor must pay a maintenance for the child, which he at exertion of his powers - would be able to make - as a dutiful parent. Large part developed by the case law percentages for the maintenance amount used ( 0-6 years: 16 %, 6 - 10 years: 18% 10-15: 20 % and from 15 years: 22%). Other caring responsibilities are percentage reductions into account (minus 1 % for children <10 years, Less. 2 % for children > 10 years). Child support is for children up to 10 years capped at 2 times and children over 10 years with the 2.5 times rule requirements record ( " Luxury limit" ).

Last update of the Civil Code by Federal Law Gazette I No. 15/2013 http://www.ris.bka.gv.at/Dokument.wxe?Abfrage=BgblAuth&Dokumentnummer=BGBLA_2013_I_15

Switzerland

In Switzerland, the child maintenance in Article 285 of the Civil Code is regulated. It applies as in Austria, a percentage control with minimum rate (17 % of its net income, but at least 250 Swiss francs), as laid down in the Zurich tables. In low income is calculated using the specifically calculated net demand of the debtor, which may be awarded to the child.

The conditions of child support are basically an existing parent-child relationship and the immaturity of the child.

France

In France there is no statutory provision for the maintenance, it shall be determined in court in case of disagreement, and is based solely on the performance of the debtor. For the usual in France annual adjustment of the maintenance amount you put your underlies the Indice INSEE.

476158
de