Reform of Maintenance Law in Germany – Current Status, Objectives, and Implementation

German maintenance law, a fundamental element of family law, regulates financial obligations within the family unit. This includes, in particular, child maintenance, care-related maintenance, and, where applicable, spousal or parental support. Many of these provisions were established at a time when traditional family models prevailed, in which one parent cared for the children while the other provided financial support. Today, however, many families follow alternating caregiving arrangements or share parenting and work responsibilities more equally. This often leads to conflicts with existing law, which has thus far failed to adequately reflect these modern family realities.

Guiding Principle of Current Maintenance Law

Existing maintenance law is still largely based on the assumption that one parent (usually the mother) primarily cares for the children, while the other parent (usually the father) pays maintenance (“one cares – one pays”). This model no longer reflects the reality of many families, in which:

• both parents share caregiving duties equally at times;

• patchwork or alternating care arrangements are common;

• non-marital partnerships exist; and

• employment by both parents is now frequently the norm.

The aim of the reform is therefore to modernise the legal framework so that it better reflects actual caregiving and family circumstances, strengthens the principle of the child’s best interests, and ensures fairer maintenance calculations.

Key Points of the Proposed Reform

Although a comprehensive reform—a new statute—has not yet been enacted as of late 2025, a draft law (for discussion purposes) has been published, indicating the direction of development:

Recognition of Modern Care Models (“Asymmetrical Alternating Model”)

A central focus of the reform concerns maintenance calculations in cases of shared caregiving:

• Currently, nearly equal caregiving by both parents often leads to complicated calculations, as the law does not adequately address these scenarios.

• The reform proposes introducing new definitions for various caregiving models in the German Civil Code (BGB), particularly for an asymmetrical alternating model, where one parent provides more than 29% but less than 50% of caregiving.

• Sections §§ 1615f–1615h BGB-E are to regulate how maintenance is calculated in proportion to actual caregiving contributions.

Impact: A parent who spends a substantial amount of time on caregiving will be formally recognised and may therefore be required to pay lower cash maintenance—provided the child’s best interests are safeguarded.

Right to a Notarised Maintenance Agreement

The draft law proposes that parents can enter into binding agreements on future child maintenance under alternating care arrangements, provided they organise the care themselves. These agreements would be legally binding—similar to separation or post-marital maintenance—if notarised and formally executed.

Adjustments to Separation and Care-Related Maintenance

Flexible rules are also planned for separation maintenance and care-related maintenance for separated parents, including expanded rights to waive claims or enter agreements, as well as clearer statutory definitions.

Changes Effective from 1 January 2026 – Practical Implications for Maintenance

While the comprehensive reform is not yet law, several changes effective from 1 January 2026 will immediately affect maintenance calculations:

1. New Düsseldorf Table 2026

   The Düsseldorf Table—the primary reference for calculating child maintenance—will be updated on 1 January 2026:

   Maintenance rates for children will increase slightly across all age groups (e.g., minimum maintenance for children aged 0–5 rises from €482 to €486).

   Adjustments will also apply to maintenance for adult children.

Although the table is not legally binding, it is regularly updated and plays a significant role in practice.

2. Adjustment of Child Benefit and Child Tax Allowance

   In parallel with maintenance adjustments, child benefit will also increase as of 1 January 2026, affecting the amounts considered in maintenance calculations (e.g., reduction in the maintenance obligation due to offsetting child benefit).

3. Parental and Grandparent Maintenance

   The 2026 Düsseldorf Table also introduces new rules for parental and grandparent maintenance:

   The portion of income exceeding the personal allowance that is considered for parental or grandparent maintenance will be recalculated.