Unterhalts

Unterhalt is a term used in civil law to describe ongoing monetary support provided by one person for the living costs and basic needs of another who cannot fully support themselves. In German-speaking jurisdictions it covers several situations, most notably child support and maintenance between spouses or former spouses. Unterhalt obligations are typically established by court order or by an agreement between the parties and can last as long as the recipient remains dependent.

Types of Unterhalt commonly include child support (Kindesunterhalt), maintenance for a spouse after separation or divorce (Trennungsunterhalt and nachehelicher Unterhalt), and, in some systems, support owed to elderly or dependent parents (Elternunterhalt). The specific rules and terminology can vary by country and legal regime, but the basic idea is to ensure a reasonable standard of living for dependents from the person best able to provide support.

Calculation and adjustment of Unterhalt rely on guidelines that consider the payer’s income, the recipient’s needs, and the number of dependents. In Germany, for example, the Düsseldorfer Tabelle is widely used to determine child support amounts, while spousal maintenance follows rules related to duration of marriage and income. Adjustments may be made for changes in circumstances, such as income fluctuations or changes in the recipient’s needs, and amounts are typically set in a court order or binding agreement.

Enforcement and duration: Unterhaltsansprüche are enforceable by legal title, and non-payment can trigger enforcement measures such as wage garnishment or other orders. If a payer cannot meet obligations, programs like Unterhaltsvorschuss may provide temporary support to the child or caregiver under applicable schemes.

International aspects: Cross-border maintenance claims may be governed by international treaties and European Union regulations, facilitating recognition and enforcement of maintenance orders across borders.