Bundesgerichtshof clarifies German child support regulations

The German Federal Court of Justice (Bundesgerichtshof) has issued rulings clarifying child support obligations for unmarried parents and the impact of new domestic partnerships on maintenance payments.

In a decision regarding shared parenting models (Wechselmodell), the court addressed how the principle of equal division (Halbteilungsgrundsatz) limits child support. The court ruled that for unmarried parents, both parties bear a half-share employment obligation until the child reaches three years of age. This modification ensures that maintenance levels are constrained by the principle of equal division, even when one parent's potential income is significantly higher.

Additionally, the court addressed how living with a new partner affects child support. If a person obligated to pay support moves in with a financially capable partner, their necessary self-retention amount (Selbstbehalt) may regularly decrease. This is due to the economic advantages of a shared household, such as split costs for rent, utilities, and groceries, which can increase the payer's financial capacity to provide child support.