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Maintenance for the caring parent: even without marriage

Unmarried parents also have maintenance rights: whoever cares for the shared child after the birth and therefore cannot work (fully) has their own maintenance claim against the other parent, care maintenance.

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The caring parent can claim care maintenance from the other parent (§ 1615l BGB), regardless of whether the parents were married. This claim exists alongside the maintenance for the child itself.
The claim generally exists at least until three years after the birth and can be extended for as long as this is required for reasons of the child's welfare or of equity (e.g. lack of childcare). A claim around the time of the birth (before and after delivery) may also apply.

What you should do now

  1. 1

    1. Check the conditions

    Do you care for the shared child and are therefore unable to work (fully)?

  2. 2

    2. Determine needs and income

    Compare your income with that of the other parent.

  3. 3

    3. Assert the claim

    Assert the care maintenance in writing and, if applicable, demand information about the income.

  4. 4

    4. Advice

    The calculation and duration are complex, so seek legal advice (advice aid if applicable).

Frequently asked questions

As an unmarried parent, am I entitled to maintenance?

Yes, if you care for the shared child and therefore cannot work or can work only to a limited extent, you are entitled to care maintenance from the other parent (§ 1615l BGB), regardless of whether you were married. This claim exists in addition to the maintenance for the child itself.

How long is care maintenance paid?

As a rule at least until three years after the birth of the child. It can be extended for as long as this is required for reasons of the child's welfare or on grounds of equity, for example if there is no reasonable childcare option. The exact duration and amount depend on the individual case; legal advice helps with enforcement.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.