German court rules on child benefit rights in shared parenting

A ruling by the Higher Regional Court of Celle has clarified that in shared parenting models (Wechselmodell), both separated parents may be entitled to a portion of child benefits (Kindergeld).

In the specific case, parents shared the care of two older children for approximately 18 months while the youngest child lived with the mother. Although the mother had previously received the full child benefit, the court ruled that the father was entitled to a share based on the actual care provided. The court emphasized that the entitlement is determined by the actual care arrangements rather than whether additional maintenance payments are made.

The ruling also noted that such claims can be made retroactively, specifically from the time a request for income information regarding maintenance was made.