Higher seizure-free amount through maintenance obligations
Anyone who pays maintenance may keep more in a garnishment: for each person entitled to maintenance the seizure-free amount increases. This applies to wage garnishment via the garnishment table and to the P-account via the certificate. It is important to state and prove the maintenance obligations correctly.
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What you should do now
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1. Record maintenance obligations
List whom you provide maintenance to (children, spouse), this increases the exemption.
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2. Gather proof
Have birth certificates, maintenance titles or proof of maintenance ready.
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3. State with wage garnishment
Tell the employer about the maintenance obligations so that it takes the higher exemption from the table into account.
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4. Certify with the P-account
Have a P-account certificate issued that shows the maintenance obligations, and submit it to the bank.
How to spot the scam
- Maintenance obligations are not taken into account in the garnishment.
- You do not state children or the spouse as entitled to maintenance.
- The bank does not take the increased exemption into account for lack of a certificate.
Frequently asked questions
Do children raise the seizure-free amount?
Yes. For each person to whom you legally provide maintenance, such as children or the spouse, the seizure-free amount increases (§ 850c ZPO). This way you keep more of your income in a garnishment.
How do I assert the maintenance obligations?
With wage garnishment you tell the employer, who takes the higher exemption from the garnishment table into account. With the P-account you prove them via a P-account certificate that you present to the bank.
What do I have to prove?
That you actually provide maintenance or are obliged to do so, such as through birth certificates, a maintenance title or proof of payment. With this proof the maintenance obligations are taken into account for the exemption.
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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.