Child Support
Child Support
Child Support
Child support is the financial or in-kind provision for children by their parents. It is intended to ensure that children can meet their basic needs such as accommodation, food, and clothing. You can find all details about child support here on Finance & Law | Austria.
When a marriage, registered partnership, or cohabitation breaks down, the children usually remain primarily with one parent after the separation. There, they structure their daily lives, attend school, maintain their friendships, and are primarily cared for and provided for.
The other parent, who does not take on the main care, usually spends significantly less time with the children, often for example every other weekend. Although this parent also provides accommodation, food, and care during this time, the extent of care does not correspond to that of the primary caregiver.
Dr Mariella Stubhann MPM MBAFinanz & Recht „Aus diesem Ungleichgewicht ergibt sich die gesetzliche Regelung: Der hauptsächlich betreuende Elternteil leistet durch die Betreuungsleistung einen sogenannten Naturalunterhalt, der andere Elternteil hat zum Ausgleich einen Geldunterhalt zu leisten.“
Duration of Child Support
A widespread misconception is that the entitlement to child support automatically ends on the 18th birthday. While parents’ custody obligation ends with the child’s majority, the entitlement to support remains unaffected. The decisive factor is not age, but the child’s so-called ability to support themselves.
What Does ‘Self-Supporting’ Mean?
A child is considered self-supporting when they are able to cover their living expenses through their own efforts – i.e., from their own income. In many cases, this is only possible after completing further education or a university degree. Therefore, the entitlement to support can exist until the mid or late twenties under certain circumstances. In principle, it is assumed that a child can take care of themselves after successfully completing school and vocational training.
During military or civilian service, the child is generally also considered self-supporting – provided they live in average living conditions. However, whether this actually applies in the specific case must be assessed individually.
Studies: not Synonymous with Entitlement
A common stumbling block arises with adult children who begin university studies or other training. This is because: A merely enrolled student is not automatically entitled to support. The prerequisite is that the education is pursued seriously and purposefully.
Dr Mariella Stubhann MPM MBAFinanz & Recht „Werden Prüfungen regelmäßig wiederholt oder verschoben oder kommt das Studium über längere Zeiträume zum Erliegen, kann der Anspruch auf Unterhalt entfallen – selbst dann, wenn das Kind noch nicht selbsterhaltungsfähig ist.“
Forms of Child Support: In-kind and Monetary Support
Child support is not always the same. There are two basic forms: in-kind support and monetary support.
In-kind Support: Care and Provision in Everyday Life
In-kind support is typically provided by the parent with whom the child primarily lives. It manifests in the direct provision of everything necessary for daily life: accommodation, food, clothing, learning materials, hygiene articles, but also emotional care and the organization of everyday life.
This means: Whoever cares for the child in their household fulfills their maintenance obligation primarily through personal care and provision of material essentials.
Monetary Support: Financial Contribution of the Non-custodial Parent
The other parent, i.e., the one who does not primarily care for the child, is obliged to pay monetary support. This is usually paid as a fixed monthly amount and serves to ensure the non-custodial parent’s share of the child’s living costs.
Monetary support is intended to complement in-kind support and thus ensure that both parents contribute financially to the child’s maintenance to a similar extent despite unequal care shares.
Amount of Child Support
The amount of child support to be paid is essentially based on two key factors: the income of the parent obliged to pay support and the age of the child. In principle, the higher the income and the older the child, the more support is to be provided.
Furthermore, other factors such as the number of children entitled to support and an existing maintenance obligation towards a former spouse can influence the calculation.
The Percentage Method: Orientation on Income and Age
In practice, guidelines have been established as percentages of the net income of the maintenance debtor. These so-called percentages increase with the age of the child:
- Infants: around 16%
- Teenagers: around 22%
These values are understood per child and apply under the assumption of average economic conditions.
The Luxury Limit: Protection against Excessive Maintenance
In cases of particularly high income of the maintenance debtor, child support would increase inappropriately with rigid application of the percentage method. To counteract this, the judiciary has introduced the “luxury limit.” This limits the maintenance claim to 2 to 2.5 times the so-called standard requirement.
The standard requirement describes the amount a child needs on average monthly for their living expenses. This value is published annually by the youth welfare authority in an age-dependent needs table.
Credit of the Child’s Own Income
If a child has their own regular income, for example through an apprenticeship allowance, this must be credited to the maintenance, thereby reducing the amount to be paid accordingly.
Not creditable, however, are:
- Family allowance
- Income from a holiday job
- Childcare allowance
- Study allowance
These benefits are not considered permanently secured own funds for covering living expenses and are therefore excluded from maintenance calculation.
The Double Residence Model: Equal Care, No Cash Maintenance
When both parents take on the care of their children in approximately equal parts after separation, this is referred to as the double residence model (also known as the “alternating model” or “true double care”). In this model, both parents provide natural maintenance, meaning direct care, provision, and accommodation – there is no obligation to pay cash maintenance.
No Rigid 50:50 Division Required
The judiciary does not require a mathematically exact halving of care times or financial contributions for the recognition of the double residence model. Such precision would hardly be practical in everyday life. Rather, the division of care must be “approximately equal” – meaning both parents contribute in comparable measure to the upbringing, provision, and organization of the child’s daily life.
The decisive factor is not stopping the clock, but an overall balanced involvement of both parents over a longer period.
Legal Hurdles and Strict Criteria
In practice, the double residence model initially appears attractive to many parents – after all, the obligation to pay cash maintenance is eliminated. But caution: The legal requirements are high. Courts carefully examine whether there is indeed approximately equal care performance. This includes:
- equal time care (e.g., school weeks, holidays, public holidays)
- comparable financial contributions for the child
- organizational involvement in doctor’s appointments, school matters, leisure activities, etc.
Simply alternating weekends or an unclear care situation is not sufficient. Those who rely on the double residence model must be able to demonstrate its requirements comprehensibly.
The Procedure for Child Maintenance
In principle, each parent obliged to make cash payments is required to pay child maintenance regularly and in full. But what happens if this obligation is not or only insufficiently fulfilled?
On one hand, the child can sue the defaulting parent for payment in such cases. On the other hand, a legally regulated protection mechanism also applies in Austria: the Maintenance Advance Act.
The Maintenance Advance: Protective Umbrella for the Child
If the maintenance debtor does not pay or pays too little, this does not automatically mean the child goes empty-handed. The Maintenance Advance Act ensures that financial security is provided even in such situations. The Republic of Austria steps in and provides advances on the outstanding maintenance.
These payments do not occur automatically but only if certain legal requirements are met. These include, among others:
- a legally binding maintenance title (e.g., court order or settlement),
- demonstrable payment default of the maintenance debtor,
- habitual residence of the child in Austria.
If the child meets these conditions, they can apply for advance maintenance payments at the responsible district court. The Republic of Austria then initially assumes the payment and subsequently takes on the role of creditor towards the defaulting parent – the state reclaims the maintenance retroactively.
Goal: Continuous Provision for the Child
The procedure serves a central purpose: Ensuring the continuous provision for the child, regardless of the behavior of the parent obliged to pay maintenance. In this way, the legislator protects the financial interests of the child and relieves the custodial parent at least in economic terms.
Costs of Child Maintenance Proceedings
In the context of the advance maintenance payment procedure, no court fees are incurred for the child entitled to maintenance. This applies to both the first-instance proceedings and the appeal proceedings.
