Find out here what child support is, how much support your child gets, what the standard requirement is, how to apply for support payments and what documents you need for the application. In addition, you will learn how to enforce a child support claim, what you can do if you cannot afford the child support payments, and how to find the appropriate legal representation.
What is child support?
If both parents do not care for the child, the parent who lives separately and does not care for the child is obliged to pay child support (§ 231 ABGB). The right of contact and the determination of custody are independent of this.
How much child support will my child receive?
Child support is generally based on:
- according to the age of the child
- the ability of the parent to pay child support.
For the calculation, you must submit to the City Department Child and youth welfare .. a declaration of consent to the legal representation of the child (§ 208 Abs.2 ABGB). For this purpose, please make an appointment with the City Department Child and youth welfare .
The child and youth welfare agency will then request further documents from the parent liable to pay:
- all income documents for the last 12 months (e.g. pay slips, unemployment benefits, pensions, sick pay, lease or rental income or other proof of income and assets)
- from self-employed persons: the last income tax assessment, the wage tax assessment for the last three years, the most recent balance sheet, proof of your private withdrawals within the last year and other proof of income and assets.
- if you have other custodial responsibilities: Documents evidencing other legal custodial responsibilities (e.g., marriage certificate, birth certificates of additional children, etc.) and, if required, proof of income from your spouse.
Generally, the amount of alimony is calculated as a percentage of the monthly net income (including special payments such as Christmas and vacation bonuses). The following percentages apply:
|Age of the child||Amount of maintenance as a percentage of monthly net income|
|0 to 6 years||16 %|
|6 to 10 years||18 %|
|10 to 15 years||20 %|
|15 years and older||22 %|
Percentages are deducted from each of these for other care obligations:
|additional child up to 10 years||1 %|
|further child over 10 years||2 %|
|Spouse not working||3 %|
|Spouse partially employed||1-2 %|
|Spouse fully employed||0 %|
The exact amount of maintenance varies in individual cases - for example, maintenance can also be based on the standard need. Either the Child and Youth Welfare Service reaches an agreement with the person obliged to pay maintenance or the Child and Youth Welfare Service files an application with the Guardianship Court/District Court, which decides on the amount of maintenance by means of an order.
An approximate and non-binding estimate of the amount of alimony payments is provided by the alimony calculator of the Austrian Working Group for Youth Welfare.
What is the standard need?
In principle, the amount of maintenance is calculated as a percentage of the monthly net income, see "How much maintenance does my child get?However, if the income of the person liable for maintenance is very high, there is a luxury limit. In such a case, the child support may be based on the standard needs:
- Luxury limit for children under ten years of age: two times the standard need
- Luxury limit for children over ten years of age: 2.5 times the standard requirement
The standard need is an amount of money that a child of a certain age statistically needs in addition to the care of the parent running the household. The parents' living conditions are not taken into account here. The standard need is therefore only a guideline.
What is the standard requirement?
|0-3 years||219 Euro||290 Euro|
|3-6 years||282 Euro||290 Euro|
|6-10 years||362 Euro||370 Euro|
|10-15 years||414 Euro||450 Euro|
|15-19 years||488 Euro||570 Euro|
|19-25 years||611 Euro||650 Euro|
Valid from 01 July to 30 June.
How does my child get its child support?
- In order to create a legally valid child support order, you must first have the child support calculated. To do this, you must commission the City Department Child and youth welfare .. with the legal representation to determine the child support and provide the necessary documents. To do this, make an appointment with the City Department Child and youth welfare . This will provide you with a determined child support amount.
- If the parent liable to pay maintenance does not pay this contribution, you can instruct the child and youth welfare service to enforce the maintenance claims (§ 208 ABGB). To do so, make an appointment with City Department Child and youth welfare .
- Under certain conditions, the child and youth welfare office can apply for advances on maintenance payments to bridge the time until the enforcement of maintenance. These are then granted by the guardianship court/district court by means of an order. For this purpose, contact your competent legal representative directly.
What documents do I need to calculate child support?
- Paternity Acknowledgement (if there is no such acknowledgement, paternity can be established by court)
- Birth certificate of the child and the mother or the father - depending on who orders the calculation
- Proof of citizenship of the child and the mother/father
- Registration certificate of the child and the mother/father
What can I do if I do not know who the father is?
In such a case, paternity can be established by the courts. Either the father signs the acknowledgement of paternity at the child and youth welfare office or a court application is filed to establish paternity by obtaining a DNA-GA.
Depending on the case, you will need different documents for this. Therefore, a personal interview is always necessary for an acknowledgement of paternity. Therefore, please make an appointment with City Department Child and youth welfare .
The maintenance is not paid. What can I do?
If child support has been determined and the parent liable to pay support still does not pay the alimony, you can instruct the child and youth welfare service to enforce the support claims (§ 208 ABGB). To do so, make an appointment with the Child and youth welfare.
I can't afford to pay the child support. What can I do?
If you, as the person liable for maintenance, cannot afford to pay the maintenance (anymore), you must file an application with the competent district court for a reduction or withdrawal of maintenance.
Also in such a case, City Department Child and youth welfare .. will be happy to advise you, just make an appointment.
How do I find the responsible legal representative?
You can reach your legal representative via the Service Unit Child and youth welfare - legal representation
Last updated 06.12.2022