In the course of your divorce, there are also maintenance issues. A basic distinction is made between child support and spousal support.
The law itself does not provide any information about the maintenance claim of the person entitled to maintenance, but the judiciary uses percentages, which can vary depending on the type of marriage.
This means that the dependent spouse who was in charge of household chores up until the dissolution of the marriage and did not have any work of their own is generally entitled to 33% of the net income of the dependent person, provided that the person responsible for maintenance does not have any other maintenance obligations. If both spouses worked during the marriage, the lower-earning spouse is entitled to 40% of the net income minus their own income from the person responsible for maintenance, provided that the higher-earning spouse has no further maintenance obligations.
The assessment basis is usually the income actually achieved, with the annual net income being divided by twelve for employees. In the case of self-employment, the total income after deduction of taxes and public charges, in other words, is used to calculate the maintenance claim. the net profit, decisive.
Call me to make an appointment to calculate your child support entitlement.
After divorce, it is usually the case that the children stay with one parent. The other spouse who does not look after the children must pay for their upkeep in the form of money until the children are able to support themselves.
If you, as the mother, are the caring parent, your income will not be taken into account when calculating child support. However, if your income is significantly higher, your ex-partner's obligation to pay alimony may be restricted or even eliminated.
Benefits in kind do not reduce monetary maintenance unless they have the character of maintenance. Examples of this are private health insurance or rent payments for the apartment in which the minor lives.
If you and your (future) ex-partner agree to take care of the children together, even though they live in different households, maintenance will be paid by both parents in kind. Additional special requirements are to be contributed proportionately. If the incomes of the parents are significantly different, the needs of the children that still have to be covered are to be compensated for by a corresponding part of the maintenance allowance.
One rule states that the money maintenance obligation is reduced by 10% for each additional day of visit per week.
I will help you to obtain a fair maintenance arrangement for you and your children. I would be happy to provide you with detailed information on assessment bases and all questions regarding maintenance after your divorce.