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Emergency

A case of shortfall in support: when the income is not enough for everyone

Sometimes the income of the person liable for support is not enough to pay all entitled persons the full support and secure their own personal minimum. Then there is a case of shortfall: the available amount is distributed according to a fixed order of priority and according to quotas.

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In a case of shortfall, the payer's personal minimum is protected. If the remaining income is not enough, the entitled persons are served by rank: minor children and privileged adults are in the first rank.
If the money is not enough for all persons of equal rank, the available amount is distributed proportionally (according to a shortfall calculation). No one then receives the full need, but the distribution follows clear rules.

What you should do now

  1. 1

    1. Determine the distributable amount

    Deduct the personal minimum from the adjusted net income, only the rest is available for support.

  2. 2

    2. Observe the order of priority

    First minor and privileged adult children; then spouses and other entitled persons by statutory rank.

  3. 3

    3. Calculate the quota

    If it is not enough for everyone in the same rank, the amount is distributed proportionally according to the respective needs.

  4. 4

    4. Check for adjustment

    If the income changes, the support can be adjusted. When in doubt, have the shortfall calculation reviewed professionally.

How to spot the scam

  • The payer's personal minimum is undercut.
  • The order of priority of the entitled persons is not observed.
  • One entitled person gets the full need while others in the same rank get nothing.

Frequently asked questions

What is a case of shortfall?

A case of shortfall exists when the income of the person liable for support is not enough to pay all entitled persons the full support and at the same time secure their own personal minimum. Then the available amount is distributed by rank and quota.

Who receives support first?

A statutory order of priority applies: minor and privileged adult children are in the first rank, followed by, among others, spouses. Within the same rank, distribution is proportional.

Does the payer always keep the personal minimum?

Yes, the personal minimum is in principle protected, the payer must keep it for their own living. Only income beyond that is available for support.

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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.