# German Federal Court of Justice maintenance rulings

> Live situation record from CLSTR: https://clstr.news/situations/german-federal-court-of-justice-maintenance-rulings
> Updated: 2026-10-04T16:16:56.000Z. Sources: 4. Developments: 2.

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.

## Timeline

### 2026-10-04: Bundesgerichtshof 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.

2 sources. https://clstr.news/cluster/bundesgerichtshof-clarifies-german-child-support-regulations

### 2026-09-14: BGH 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.

2 sources. https://clstr.news/cluster/bgh-reverses-ruling-on-spouse-income-in-maintenance-garnishment

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Cite as: German Federal Court of Justice maintenance rulings. CLSTR, https://clstr.news/situations/german-federal-court-of-justice-maintenance-rulings
