Maintenance payment in social assistance
Performance specification
Maintenance refers to the expenses required for the living needs of a person. The cases in which maintenance is to be paid and who is obliged to pay maintenance are determined by the maintenance regulations in the German Civil Code. Essentially, a distinction is made between child maintenance, spousal or civil partnership maintenance, maintenance between unmarried persons, but also parental and relative maintenance. The obligation to pay maintenance is linked to different preconditions. The legislator does not prescribe fixed rates. However, the so-called Düsseldorfer Tabelle and the maintenance guidelines of the respective higher regional courts provide guidance.
Within the framework of benefits under SGB XII, IX or AsylbLG, it may be obligatory to pay maintenance. This depends, on the one hand, on the benefit provided and, on the other hand, on to whom the benefit is provided. In certain cases, relatives with an annual income of less than 100,000 euros are exempt from the obligation to pay maintenance.
Tip: Maintenance guidelines for determining child and spousal maintenance as well as the Düsseldorf Table, which is used to determine maintenance for minors and adult children living in the parental household, can be found on the websites of the Higher Regional Court of Düsseldorf and the Higher Regional Court of Frankfurt am Main ("Unterhaltsrechtliche Leitlinien des Oberlandesgerichts Frankfurt am Main").
Which documents are required?
In the context of court proceedings, proof of income and assets is required in particular. As well as, if applicable, proof of burdens that reduce income/assets.
What are the fees?
Initially, none on the part of the Social Affairs Department. In a dispute and court proceedings, this depends in particular on the amount in dispute, according to which court and lawyer fees are then determined.
Legal basis
- §§ Sections 1569 et seq. of the German Civil Code (BGB) (spousal maintenance)
- § Section 1615 l of the German Civil Code (BGB) (maintenance for parents who are not married to each other)
- §§ 1601 ff. German Civil Code (BGB) - Maintenance obligation
- § 1361 et seq. of the German Civil Code (BGB) (maintenance in case of separation)
- Civil Partnership Act (LPartG) - form and requirement
- §§ Sections 231 et seq. Law on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) (Proceedings in Maintenance Matters)
- §§ Sections 93 et seq. of the Seventh Book of the Social Code (SGB XII)
- § Section 117 of the Seventh Book of the Social Code (SGB XII)