Calculator for German Family Law


Calculate child support and spousal support

With the aid of this support calculator, you can calculate your spousal support and/or child support using the "Düsseldorfer Tabelle" 2017, 2016, 2015 and 2014. Not every case will be eligible or compatible with this support calculator. Therefore, for an accurate calculation that will take into account your specific individual circumstances, please consult bilingual English-speaking family lawyer Dr. Annegret Wiese in Munich, Germany or search for a family lawyer in the lawyer index.

Online calculator support payments (Current "Düsseldorfer Tabelle" 2017):

Inputs to the entitled to support children

The age for each dependent child is to be entered. If appropriate, additional needs (for example nursery costs, training-related additional requirements) can be specified. If the child has an income (for example, training remuneration, interest income from capital assets), the creditable portion must be entered. Only for children between 18 and under 21 years of age is it possible to indicate whether a general education school (for example Gymnasium) is still attended. For these children and all children under the age of 18, the parent (mother or father) is to be chosen, in which the child predominantly lives (food point).

Inputs to the spouses

The income of a spouse is made up of the net amount of the income from the business and, if necessary, the other income. The amounts must be entered for each spouse. The support-relevant net income is the result of the earned income reduced by an income-related lump sum. Depending on the jurisdiction, the work bonus is selected for the calculation of spousal support (post marital or separation support). If no spouse is to be billed, the calculation of the spousal support can be unchecked.

Results of the support calculation

In this support calculator the results of the calculation child support for the spouse that is responsible for paying as a bar support are marked negative (in brackets). The amount that the dependant spouse has the right to claim will be marked positive. The identical amount is marked negative (in brackets) for the spouse that is responsible for paying this support. The sum of the support achievements which arises from the settlement of all obligations to pay support and support claims is indicated for every spouse apart.

Enter values and click on the button [Calculate]:

Underlying data for support calculation:
Basis of Assessment corresponding to 'Düsseldorfer Tabelle':
Bonus for employment used for calculation of spousal support depending on place of jurisdiction:
1. Child: 2. Child: 3. Child: 4. Child:
Age: Years Years Years Years
Additional demand:
Income:
Home:
Pupil:
1. spouse (husband): 2. spouse (wife):
Amount: Chargeable: Amount: Chargeable:
Net income:
Additional income:
Discount/Surcharge:
Results:
Age: Child support: Age: Child support:
1. Years Years
2. Years Years
3. Years Years
4. Years Years
Sum of support payments:
Available net amount:

Retention for support payment

The spouse who will be responsible for paying out support will have their net income taken into account and their own standard of living will not be drastically reduced. A certain amount of the income is retained for this providing spouse known as retention (“Selbstbehalt”). The calculation of spousal and child support depends on the year of the “Düsseldorfer Tabelle” and different retention amounts are also taken into account.

Select current year in the support calculator and click on the button [Calculate]:

Retention corresponding to 'Düsseldorfer Tabelle', Status: 2017
Dependent: Responsible for support:
employed not employed
Minor or priviledged adult child: 1080 880
Adult child: 1300 1300
Spouses: 1200 1200

Retention ("Selbstbehalt") in calculating child support
(See South German Guidelines (SüdL), sections 21.2 and 21.3)

A minor child or a privileged adult child has absolute priority over a non-privileged adult child and the dependent spouse. The retention amount calculated when a minor or a privileged adult child are in need of support, depends on whether or not the person responsible for paying the support is employed or not. The support payment to a non-privileged adult child is subordinate to the spouse’s entitlement. In this support calculator, the child support amount given to the minor and privileged adult children along with the spouse’s entitlement is determined before the non-privileged child’s amount is calculated. Subsequently, the non-privileged child support is calculated by calculating the difference between the retention amounts and the above payments. If the payments to the minor, privileged and spousal parties end up being insufficient, the child support for the non-privileged adult child will be reduced.

Retention in the calculation of spousal support
(See South German Guidelines (SüdL), section 21.4)

If the providing spouse ends up with a retention amount that is less than the dependent spouses entitlement after the child support of the minor and the privileged adult childs is considered in the calculation, the dependent spousal support is reduced. In the situation where the remaining income of the dependent spouse is less than that of the providing spouse, there is no entitlement.

Nodes and restrictions on calculation of support payments:

The German family law basis for support calculations

Civil Code (BGB)

This support calculator takes into account the provisions of the German Civil Code (BGB), the relevant provisions then apply to the individual’s calculation of child support or spousal support.

§ 1603 Capacity::
Support obligations, taking into account a necessary or appropriate own retention ("Selbstbehalt").

§ 1606 Sentences of several responsive for support::
Parents obligations to care for their minor children.

§ 1609 Ranking of several dependents::
Ranking of the support payments to the dependents in the event of a deficiency in the support of the retention.

§ 1612b Coverage of needs by child benefit::
Consideration of child benefit for a minor, privileged adult or adult child.

Guidelines for the Higher Regional Court (Oberlandesgericht, OLG):

In addition to the statutory requirements, guidelines are issued on the most uniform jurisprudence within one or several OLG districts. The competent higher regional court (Oberlandesgericht, OLG) depends on the general place of residence of the dependent. In southern Germany, the family law of the "Familiensenate" (SüdL) is valid. In this support calculator these support guidelines will be implemented to the extent that they contain specifications for the calculation of child support and spousal support.

Higher regional court (Oberlandesgericht, OLG) with South German Guidelines (SüdL):
◾ OLG-District: Oberlandesgericht Bamberg
◾ OLG-District: Oberlandesgericht Karlsruhe
◾ OLG-District: Oberlandesgericht München
◾ OLG-District: Oberlandesgericht Nürnberg
◾ OLG-District: Oberlandesgericht Stuttgart
◾ OLG-District: Oberlandesgericht Zweibrücken

Maintaining legal guidelines of the other higher regional courts (Oberlandesgerichte, OLG):
◾ KG-District: Kammergericht Berlin
◾ OLG-District: Oberlandesgericht Brandenburg
◾ OLG-District: Oberlandesgericht Braunschweig
◾ OLG-District: Oberlandesgericht Bremen
◾ OLG-District: Oberlandesgericht Celle
◾ OLG-District: Oberlandesgericht Dresden
◾ OLG-District: Oberlandesgericht Frankfurt
◾ OLG-District: Oberlandesgericht Hamburg
◾ OLG-District: Oberlandesgericht Hamm
◾ OLG-District: Oberlandesgericht Jena
◾ OLG-District: Oberlandesgericht Koblenz
◾ OLG-District: Oberlandesgericht Köln
◾ OLG-District: Oberlandesgericht Naumburg
◾ OLG-District: Oberlandesgericht Oldenburg
◾ OLG-District: Oberlandesgericht Saarbrücken
◾ OLG-District: Oberlandesgericht Schleswig

Düsseldorfer Tabelle 2017, 2016 und 2014

In this support calculator, the currently selected "Düsseldorfer Tabelle" represents the basis for the support calculation. This is based on the existence of two dependents as a basis. In a case concerning a different number of dependents, this will be taken into account and discounts or surcharges will be made during the calculation.

Düsseldorfer Tabelle 2015

During the year 2015, the “Düsseldorfer Tabelle” was updated once again. This table is only considered when the year 2015 support is to be calculated. Due to a legal regulation, the 2015 Table will also be used to calculate the amount of child benefit from the year 2014.

Guidelines by the Federal Court of Justice (BGH)

Some specific cases regarding child and spousal support are decided by the Federal Court of Justice (BGH) and are therefore legally binding. These requirements are not considered in this support calculator. They refer to specific circumstances of living conditions, in particular some deficiency or degradation of a living condition.

Calculation of support

Guidelines for support needs

After a separation or divorce, the less earning spouse can, in principle, demand spousal support (post-marital support or separation support). This is based on the support-relevant net income. The spouse who takes care of the minor children can claim child support. Since January 1, 2008, a new ranking of dependents with regards to the right to support has been established: minors now have priority. This applies to children who are of full age but still attending school, so-called privileged adult children. This is different when compared to adult children; both parents are always required to pay cash. For the calculation of the monthly support entitlement, the current "Düsseldorfer Tabelle" is the basis for assessment. In the event where not all claims of the dependents can be paid by the providing spouse without undersupplying his/her own income after deductions, special regulations will apply. The deductible amount is also calculated using the "Düsseldorfer Tabelle". Any other support obligations which are to be granted in addition to child support or spousal support are not taken into account in this support calculator.

Support-relevant net income:
(See South German Guidelines (SüdL), section 10.2.1)

The net income of both spouses is taken into account when calculating both child and spousal support. The support-relevant net income is usually lower than the net income, due to the deduction of other payables such as taxes, health and unemployment insurance, etc. For this support calculator, a lump sum of 5% is deducted from the income tax. Has the taxpayer income from capital assets or from non-employment, this share is added to the deductible income as additional income without deduction. For the exact calculation, while also taking into consideration special cases such as deficiency ("Mangelfall"), it would be wise to discuss the facts of your individual case with a lawyer.

Discount and surcharge for persons subject to support
(See South German Guidelines (SüdL), section 11.2)

The "Düsseldorfer Tabelle" suggests that amounts are calculated in such a way that the one under obligation to pay alimony has two dependents. If the number of dependents for whom a spouse has to pay child support or spousal support is greater than two then a supplement will apply and in the other case of the number of dependents being less than two, a discount will apply. Whether a discount or supplement is granted, child support is calculated from a higher or lower income level from the "Düsselforfer Tabelle".

Calculation of child support

Calculation of support for a minor child
(See South German Guidelines (SüdL), section 12)

Minors are classified as children under the age of 18. The child depends on the mother or father for basic needs such as food etc. The parent (mother or father) which is responsible for his or her support by means of care and education is generally not required to pay cash. The basis for the calculation of child support for minors depends on the support-relevant net income of the non-child bearing, non-supervising parent and also the age of the child. Taking the discounts or surcharges into account, the child support is calculated from the current "Düsseldorfer Tabelle". In this case, the state child benefit is paid to the supervising parent and, if applicable, an income earned by a child is split between both parents in the calculation. A supplementary supplement is to be paid pro-rata by both parents according to their ability to pay the support for minors. If the child is not co-insured in a statutory health insurance, then additional health and long-term care insurance premiums may be payable by the main provider. These additional payments are not taken into account in the calculation of this support.

Calculation of support for an adult child
(See South German Guidelines (SüdL), section 13)

Adult children are classified as 18 years or over. Whereas children under the age of 21 who are still attending a general school (for example, gymnasium) are classified as privileged adult children and are equal to minor children. In this support calculator only adult children who are not married and do not have their own household are taken into account. In the case of adult children, both parents are always required to pay cash. The support amount for the adult child is based on the eligible total net income of the parents, which is used as the reference value for the income level in the "Düsseldorfer Tabelle" while excluding discounts or surcharges. A supplementary requirement increases the need for support. If the adult child is not covered by statutory health insurance, additional supplementary health and long-term care insurance contributions are added. The provision of food, whether it is from the mother or father is not important or relevant in the calculation of the child support. The state child benefit and, if necessary, an income of the child will be included in full in the calculation. If both parents are capable to pay, the remaining child support is distributed to both parents in proportion to the net income that is relevant to support. If only one parent is capable to pay by these calculations, the parent’s support-relevant net income is used as the reference value for the calculation of the child support, while also taking into account any relevant deductions or surcharges from the “Düsseldorf Tabelle”. If the appropriate deductibles are taken from the deductible net income of the dependent parent after subtraction of all cash support obligations, the child support for non-privileged minor children will be correspondingly reduced in the support calculator.

Deficiency in the support calculation
(See South German Guidelines (SüdL), section 14)

An absolute deficiency occurs when the income of the dependent is incapable of meeting the necessary personal needs and the support entitlements of the minor and privileged children. The amount of necessary (deductibles) are provided by the "Düsseldorfer Tabelle" for each non-employed or employed person. In the event of a deficiency, this support calculator distributes the available distribution mass to the dependents in relation to the amount of their support entitlements. In the event of a deficiency case, further special regulations apply, which are not covered in detail in the support calculator.

Calculation of spousal support

Separation support and post marital support

In the case of spousal support, a distinction is made between separation support and post-marital support. The subsequent support takes effect after the legally binding divorce and can be limited in time, whereas the support provided throughout the separation period may be indefinite. As a rule, support payments do not differ between both these periods of separation and post-marital. The basis for the calculation of the spousal support is the support-relevant net income of both the dependent and independent parties. In this support calculator support claims of a subordinated divorced spouse or parents are not taken into account.

Employee bonus for the calculation of spousal support
(See South German Guidelines (SüdL), section 15.2)

In this support calculator, it is assumed that the disposable income is obtained from full employment but also other income is applicable too for e.g. housing benefit, interest income from capital assets and income from non-employment. The principle of separation is fundamental to the calculation of spousal support. The principle by law states that each spouse is entitled to half of the combined overall support-relevant net income. However, in the calculation of the spousal support, an employee’s bonus is taken into account for each spouse, which is intended as an incentive to gain full employment. If a spouse also provides child support for a dependent child, the support-relevant net income is adjusted before the employment bonus is considered in the calculation for the child support. In Southern Germany and in the district of Saarbrücken, the employment bonus is 1/10, but in all other OLG districts it is 1/7. The employment bonus of 1/7 combined with the principle of division leads to the 3/7 regulation: the spouse’s pension is 3/7 of the difference from the remaining income. The differences in calculation methods are due to a historical significance and do not affect the end result which is identical for both methods.