apply for maintenance advance

Perhaps you did not return the annual review form. Perhaps your child has turned 12 (change of age group).

In any case, contact the person in charge of your case.

Advance maintenance payments are instructed on the 1st of the month.

There is no entitlement to advance maintenance payments in the following cases:

• Both parents live in domestic community.
• The parent with whom the child lives is married to someone else.
• The parent with whom the child lives is in a registered same-sex partnership.
• The child has his or her center of life with both parents.
• The child is no longer cared for by one parent, but lives in a home, boarding school or foster home (day and night) and the child receives benefits from child and youth welfare services in accordance with Book Eight of the Social Code (SGB VIII).
• The child has income from assets or income in a sufficient amount (for example, alimony, half-orphan's pension, training allowance, earned income).
• The parent with whom the child lives refuses to provide the information required to implement the law and to submit the requested evidence.
• The mother is not married to the father and does not assist in establishing paternity.
• The other parent has satisfied the child support obligation by prepayment.
• The other parent is released from the child support obligation by court or out-of-court settlement.
• If the parents have 2 or more children in common: At least one of the children lives with the other parent and the parent provides for that child.

The amount of benefit is based on the statutory minimum maintenance within the meaning of the German Civil Code (§ 1612a para. 1 sentence 3 no. 1 or 2 BGB).

The amount of the minimum maintenance depends on the age of the children (as of 01.01.2024)

• Age group 1 for children aged 0-5 years: 480 EURO per month
• Age group 2 for children aged 6-11: 551 EURO per month
• Age group 3 for children aged 12-17: 645 EURO per month

The child benefit payable for a first child is generally deducted from the statutory minimum maintenance in the respective age bracket (currently EUR 250 per month).

This generally results in the following monthly benefit amounts:

• Age group 1 for children aged 0-5: 230 EURO per month
• Age group 2 for children aged 6-11: 301 EURO per month
• Age group 3 for children aged 12-17: EUR 395 per month

If the eligibility requirements are only met for part of a month, the maintenance advance is paid on a pro rata basis. Maintenance payments of less than EUR 5 per month are not paid.

The entitlement begins at the earliest with the birth of the child and ends at the latest when the child reaches the age of 18.

Advance maintenance payments may be made retroactively for the calendar month preceding the month of application. In this case, the necessary requirements must be met. In addition, the applying parent must prove that he/she has made reasonable efforts to obtain maintenance from the other parent.

If you are receiving advance maintenance payments, you must notify the competent authority of all important changes (notification obligations according to § 6 UhVorschG, see also No. 7 of the information sheet). You must do this within 14 days.

An intentional or negligent breach of these obligations is a misdemeanor and may be prosecuted or fined. In addition, benefits paid may be reclaimed.

Significant changes are circumstances that affect benefits. Examples:

• The single parent marries, even if the spouse is not the child's parent.
• The single parent moves in with the other parent.
• The child no longer lives with the single parent or no longer lives with the single parent to the extent required.
• The child or the single parent moves alone or together (including abroad).
• The extent of the child's care is increased by the other parent (not only slightly).
• Another joint child moves in with the other parent.
• The child is no longer cared for by one parent, but is looked after in a home, boarding school or foster home (day and night). The child's needs are covered by child and youth welfare benefits according to Book 8 of the Social Code (SGB VIII).
• Paternity is subsequently established for the child.
• The other parent is released from the obligation to pay child support by court/out-of-court settlement.
• The other parent pays child support.
• Child support is garnished
• A child support order has been created.
• An attorney/advocate has been retained to enforce the child support order or an attorney/advocate is to be retained.
• The child begins vocational training.
• The child no longer attends a general education school.
• The child earns his/her own income from assets and/or work.
• The previously unknown whereabouts of the other parent become known.
• The other parent will perform voluntary military service.
• Half-orphan's pension has been applied for or granted for the child.
• The other parent or the eligible child is deceased.

Advance maintenance payments must be replaced or repaid in the following cases:

• False information was provided intentionally or negligently when the application was submitted.
• The notification obligations were violated after filing the application (according to § 6 UhVorschG, see also no. 7 of the information sheet).
• After filing the application, the child earns income that would have to be taken into account when calculating the benefits. This includes alimony payments from the other parent, who may make them voluntarily after becoming aware of the application for advance alimony benefits.
• The child moves in with the other parent and is not informed of this.

Advance maintenance payments are part of the income intended to cover the child's living expenses. It is therefore counted as income for the child. For example, in the case of assistance for living expenses according to the Twelfth Book of the German Social Code (SGB XII) and/or benefits from the job center according to the Second Book of the German Social Code (SGB II).

If advance maintenance payments are made to a child, the maintenance claims against the other parent are transferred to the Free Hanseatic City of Bremen. The maintenance claims then correspond to the amount of the benefits granted and also include claims to corresponding orphan's benefits.

The parent liable to pay maintenance is ordered to repay the advance on maintenance. The benefits are advance maintenance payments granted in advance.

If further maintenance claims of the child are to be asserted against the other parent, the specialist service "Beistandschaft/Unterhalt für Minderjährige" of the Office for Social Services will be happy to advise and support you.