Maintenance Law 2026: Düsseldorfer Tabelle and Current Changes

Maintenance Law 2026: What Changes with the New Düsseldorfer Tabelle

Maintenance law is one of those areas of law that can affect virtually anyone. Whether following a separation, divorce or in the context of supporting minor children — the question of maintenance is regularly of central financial importance to all parties involved. With the updated Düsseldorfer Tabelle 2026, key standard rates and income brackets have changed. This article provides you with a comprehensive overview of the current rules and practical guidance for both sides.

The Düsseldorfer Tabelle 2026 at a Glance

The Düsseldorfer Tabelle is not a statutory instrument but a guideline of the Oberlandesgericht Düsseldorf that serves nationwide as a benchmark for calculating child maintenance. It is regularly updated to reflect economic developments and the rising subsistence minimum.

Current Standard Rates by Age Group

The standard rates for minimum maintenance depend on the child's age and are tiered in the first income bracket (up to 2,100 euros net) as follows:

• Age group 0 (0–5 years): The standard rates have been increased once again to reflect the higher subsistence minimum.
• Age group 1 (6–11 years): An upward adjustment has also been applied here.
• Age group 2 (12–17 years): The higher needs of adolescents are reflected in significantly higher rates.
• Age group 3 (18 and over): Adult children have their own standard rates, which are to be borne proportionally by both parents.

Income Brackets and Needs Control Amount

The Düsseldorfer Tabelle comprises 15 income brackets with graduated standard rates. The so-called needs control amount ensures that the maintenance obligor retains an appropriate amount for their own needs after deducting all maintenance obligations. If the needs control amount is undercut, a reclassification into the next lower income bracket takes place.

Child Maintenance: Calculation and Self-Retention

The Minimum Self-Retention Amount

The self-retention amount is the minimum amount that must remain available to the maintenance obligor to cover their own living expenses. A distinction is made between:

• Necessary self-retention towards minor and privileged adult children: This amount is regularly adjusted and is set at a higher level in 2026 than in previous years.
• Appropriate self-retention towards adult children: This is significantly higher than the necessary self-retention.

Calculation of the Payment Amount

The actual payment amount is derived from the table amount less half the child benefit (for minor children) or the full child benefit (for adult children). The calculation follows a clear methodology:

1. Determine the adjusted net income of the maintenance obligor
2. Classify into the corresponding income bracket
3. Determine the table amount by age group
4. Deduct the (half) child benefit
5. Check the needs control amount

Spousal Maintenance: Separation Maintenance and Post-Marital Maintenance

Separation Maintenance

From the point of separation, the economically weaker spouse may claim separation maintenance under § 1361 BGB. This is based on the marital standard of living and aims to maintain the previous living standard as far as possible. Important: Separation maintenance cannot be validly waived.

Post-Marital Maintenance

Following a final divorce, the principle of individual responsibility applies (§ 1569 BGB). Post-marital maintenance is only available in statutorily defined exceptional cases:

• Childcare maintenance (§ 1570 BGB): Due to the care of joint children
• Age-related maintenance (§ 1571 BGB): Where employment can no longer be expected due to age
• Illness-related maintenance (§ 1572 BGB): In cases of incapacity for work due to illness
• Unemployment maintenance (§ 1573 BGB): Until appropriate employment is found
• Top-up maintenance (§ 1573 Abs. 2 BGB): Where there is an income gap despite the recipient's own employment
• Training maintenance (§ 1575 BGB): For training that was foregone due to the marriage

Time Limitation and Capping

Since the maintenance law reform, post-marital maintenance can be time-limited and capped in amount (§ 1578b BGB). The key criteria are the duration of the marriage, marriage-related disadvantages and the financial situation of both parties.

Priority of Maintenance Claims

Where the obligor's income is insufficient to satisfy all maintenance claims, the statutory priority ranking under § 1609 BGB applies:

1. First priority: Minor unmarried children and privileged adult children
2. Second priority: Parents entitled to maintenance due to childcare, and spouses in long marriages
3. Third priority: Spouses who do not fall under the second priority
4. Fourth priority: Other children
5. Fifth priority: Grandchildren and other relatives

Shortfall Calculation

A shortfall arises where the obligor's income is insufficient to fully satisfy all maintenance claims of equal priority while preserving the self-retention amount. In this case, the available distribution amount is apportioned among the beneficiaries in proportion to their respective standard rates.

The calculation proceeds in several steps:

• Determination of the distribution amount (income minus self-retention)
• Determination of the applicable amounts for all beneficiaries of equal priority
• Pro-rata allocation in proportion to the applicable amounts

Modification of Existing Maintenance Orders

Existing maintenance judgments, orders or agreements can be modified where there has been a material change of circumstances (§ 238 FamFG, § 313 BGB). Typical grounds include:

• Changes in the income of the obligor or beneficiary
• Changes to the Düsseldorfer Tabelle
• The child reaching the age of majority
• Remarriage of the beneficiary
• Additional maintenance beneficiaries

Important: A modification is generally not retrospective. A formal demand or request for financial disclosure secures the claim from the date of receipt.

Enforcement and Maintenance Advance Payments

Enforcement

Where titled maintenance is not paid, various enforcement measures are available to the beneficiary:

• Wage attachment with the obligor's employer
• Bank account attachment
• Asset seizure by a bailiff
• Sworn statement of assets (disclosure of assets)

Maintenance Advance Payments

For minor children who do not receive maintenance or do not receive it regularly from the parent liable for cash maintenance, maintenance advance payments can be applied for at the Youth Welfare Office under the UVG. The benefit is provided until the child's 18th birthday and is based on the minimum maintenance amount less the full child benefit.

Tax Treatment

Tax Splitting for Spousal Maintenance

Spousal maintenance can be deducted as special expenses up to an annual maximum amount under the Realsplitting regime (§ 10 Abs. 1a Nr. 1 EStG). This requires the consent of the maintenance recipient, who must in turn declare the amounts as other income. The obligor must indemnify the recipient against any tax disadvantage.

Child Maintenance

Child maintenance is not tax-deductible. Tax relief is provided through child benefit or the child tax allowance.

Practical Tips for Obligors and Beneficiaries

For Maintenance Obligors

• Determine income correctly: Do not forget adjustments for work-related expenses, pension contributions and prior-ranking maintenance obligations.
• Collect documentation: Document your financial circumstances without gaps.
• Act promptly: In the event of income loss, file a modification application or inform the beneficiary without delay.
• Know your self-retention: Check whether you retain at least the self-retention amount after deducting all obligations.

For Maintenance Beneficiaries

• Exercise your right to information: You have a statutory right to financial disclosure regarding the obligor's income (§ 1605 BGB).
• Obtain an enforceable title: Only an enforceable title secures your claims in the long term.
• Apply for maintenance advance payments: If the obligor does not pay, the maintenance advance bridges the gap.
• Consider tax implications: Under the Realsplitting regime, you must declare the maintenance payments as taxable income.

Conclusion

Maintenance law remains a dynamic area of law that is continually evolving through annual adjustments to the Düsseldorfer Tabelle and the development of case law. Correctly calculating maintenance claims requires careful consideration of numerous factors — from adjusted net income and priority ranking to shortfall calculations.

At compleneo, we support you with our family law expertise on all questions relating to maintenance. Whether you wish to quantify your maintenance claim, modify an existing title or enforce maintenance payments — we guide you competently and with a focus on solutions throughout the entire process.