Federal Constitutional Court

The lawyers inform the 14.07.2011 Alexander Dobiasch & Rupert Richter was valid since the year 2008 credit practice of child benefit on the post-divorce spousal support for conformity with the Constitution (BVR 932/10) the Federal Constitutional Court. The law firm Danielleeee & judge family law specialists inform the decision of Germany’s highest court. Family law required both parents to pay for the maintenance of common children. A divorced, this usually means that a parent of committed of maintenance through the child support comes after, while the other bar maintenance pays. The entitlement to child benefit comes to the parents each half. More information is housed here: Dell Technologies Inc. . His paid generally the children for administrative reasons but only on a parent supervising. Before the large maintenance law reform came into force in 2008, paid child benefit against the bar keep was charged. The claims for child and spousal support stood side by side was determined the level of benefits to the former spouse out of the income of the debtor that has been reduced by the table value of child support.

The table value includes the child benefit portion of the debtor, this was about a reduced spousal support his share of child support back to their own use. Essential provisions to the child benefit is changed with the maintenance reform. The new version of section 1612 b German Civil Code expressly provides that the child support is used to cover the bar needs of the child. A parent fulfils his obligation to pay maintenance through child care, it must be used for this otherwise in half-height, in full. Due to the new regulations, no longer belongs to the income of the parents the child benefit, but is regarded as child income. For the calculation of to matrimonial maintenance claims, this means that the integer value of the child maintenance, not his table-valued, by the income of the debtor will be deducted.

As a result of spousal support as to the share of the debtor on the child benefit increases. With the new Calculation method raised a Unterhaltsverpflichteter complaint before the Federal Constitutional Court. He felt violated the constitutional equality of bar and service maintenance. The recalculation he would forced in contrast to the supervising former spouse, for the payment of spousal maintenance to use its share of the child support. The Constitutional Court rejected his complaint. The Constitutional Court emphasized the constitutional principle of equal treatment would not be hurt by the new rules, because even the child-caring parent have to use the child for the needs of the child. As shown in the inclusion of Germany’s highest court once more in a lawsuit to close marriage maintenance, a professional legal representation is essential for regulating interests marriage impact. The family law specialists in the law firm of Danielleeee & judge in Bergen auf Rugen this available with help and advice their clients. Press contact contact person: Alexander Dobiasch & Rupert judge lawyers Marktstrasse 8 18528 Bergen auf Rugen phone: + 49 03838 / 25 71 10 fax: + 49 03838 / 25 71 15 email: Homepage:


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