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2 clusters · 4 sources · 21 days · First seen · Last updated
German Federal Court of Justice maintenance rulings
Overview
The German Federal Court of Justice (BGH) has issued several rulings clarifying maintenance and child support regulations.
In September 2026, the BGH reversed a previous ruling regarding asset garnishment for maintenance claims. The court clarified that the income of a spouse who is not living separately must not be included when determining a debtor’s necessary maintenance. This ensures the debtor’s subsistence minimum is protected without relying on a spouse’s earnings.
In October 2026, the court addressed child support obligations for unmarried parents and the impact of domestic partnerships. Regarding shared parenting models, the court ruled that unmarried parents bear a half-share employment obligation until the child reaches three years of age, ensuring maintenance levels are constrained by the principle of equal division. Furthermore, the court noted that if a person obligated to pay support moves in with a financially capable partner, their necessary self-retention amount may decrease due to the economic advantages of a shared household.
Entities
Bundesgerichtshof · Deutsches Patent- und Markenamt · Bundespatentgericht
Timeline
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[POLITICS] 2 sourcesBundesgerichtshof clarifies German child support regulations
The German Federal Court of Justice has clarified child support rules regarding shared parenting models and how living with a new partner can reduce a payer's self-retention amount.
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[BUSINESS] 2 sourcesBGH reverses ruling on spouse income in maintenance garnishment
The German Federal Court of Justice ruled that a non-separated spouse's income cannot be used to reduce a debtor's necessary maintenance levels during garnishment proceedings.
Sources
anwaltspraxis-magazin.de · iww.de · neue-pressemitteilungen.de · presseportal.de