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Emergency

Maintenance: demanding information about income

Whether child, separation or post-marital maintenance: the amount depends on the income. So that you can calculate the claim, there is a right to information about the other side's income. It is the basis of every fair maintenance calculation.

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Your chances of getting your money back

Anyone who demands or is to pay maintenance can demand information from the other side about their income and assets, insofar as this is relevant for the maintenance (§ 1605 BGB). The information must be documented on request.
The right to information generally exists again every two years, and earlier in the case of substantial changes. If the other party refuses the information, it can be sued for.

What you should do now

  1. 1

    1. Request information

    Demand information about income and assets in writing with receipts and set a deadline.

  2. 2

    2. Check the receipts

    Look at pay slips, tax notices or profit calculations.

  3. 3

    3. Calculate the maintenance

    Use the information to determine the need and the ability to pay.

  4. 4

    4. Act in case of refusal

    If the information does not come, the claim can be enforced in court.

How to spot the scam

  • The other party provides no or incomplete receipts.
  • Income from self-employment is concealed.
  • You forgo an exact calculation without information.

Frequently asked questions

Do I have a right to information about the income?

Yes. Anyone who demands or owes maintenance can demand information from the other side about income and assets, insofar as this is relevant for the maintenance (§ 1605 BGB). The information must, on request, be accompanied by receipts.

How often can I demand information?

As a rule you can demand information again every two years. Earlier is possible if the circumstances have changed substantially, for example through a new job or a clearly different income.

What if the information is refused?

Then you can enforce the right to information in court, often by way of a staged action, in which first the information and then the payment is demanded. Concealed income can be estimated.

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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.