Mag. Ulrike Pöchinger
Mag. Ulrike Pöchinger, Advocate (Attorney) and Criminal Defense Lawyer in 1010 Vienna. I am an expert in family law providing individual legal advise in:
- Divorce
- Separation Procedure
- Custody Procedure
- Child Support
- Matrimonial Support (Alimony)
- Prenuptial Contract
- Partnership Contract
Child and Matrimonial (Spouse) Support
1. CHILD SUPPORT
The illegitimate child is equal to the legitimate child when it comes to child support, hence the legal relationship of the parents is insignificant.
If the parents live in the same household, they must both contribute to child support according to their means.
The parent, who does not take care of the common child in his or her household after a divorce or separation, must pay child support until he or she is able to support him or herself. The other parent contributes by taking care of the child.
The actual sum depends on the age and needs of the child on the one hand and the income and further obligations of care of the parent on the other hand. The jurisdiction defined the following percentages of the net income per age of the child.
- Children below 6 years 16 %
- Children between 6 and 10 years 18 %
- Children between 10 and 15 years 20 %
- Children above 15 years 22 %
Of the net income. The following deductions apply:
- For every further child below 10 years 1 %
For every further child above 10 years 2%
For the spouse, depending on income, up to 3%
For educational reasons the jurisdiction set a limit for the actual amount of child support, for children below 10 it is twice the average need and for children above 10 two and a half times the average need. This average need includes:
- Accommodation
- Food
- Clothes
- Education
- Leisure
- Pocket Money
The monthly amounts of the average need per child are as follows (since 30.06.2020)
Below 3 years € 212,-
3-6 years € 272,-
6-10years € 350,-
10-15years € 399,-
15-19 years € 471,-
19-28 years. € 590,-.
Under certain circumstances, the amount can be lower, if
- the taking care is shared equally
- the payments in kind are shared equally
- both incomes are similar
The Supreme Court states, that a ratio of 4:3 days per week of caretaking is approximately equal. Severe income differences will lead to a remaining value of support for the child by the parent with the higher income.
2. MATRIMONIAL ALIMONY
IN AN UPRIGHT MARRIAGE
The entitlement to matrimonial alimony already exists during an upright marriage.
Basically both partners have to contribute to the matrimonial livelihood.
The partner responsible for the household, who does not have an actual income, is entitled to appr. 33% of the income of the partner with the support obligation, if he or she has no further care obligations, in case there are, the support for the partner is minimized by appr. 3-4% for each child of the partner.
According to jurisdiction the partner with the lower income is entitled to appr. 40% of the family net income minus his or her own income.
The matrimonial alimony is to be provided in the form of money after a separation.
POST MARRIAGE SUPPORT ENTITLEMENT
The entitlement to support is different after a divorce than in an upright marriage. The alimony is to be paid in money each month in advance.
The entitlement depends on the need of the entitled partner and the capacity of the obliged partner. After a divorce, the partner entitled to support is expected to support him or herself with a just and reasonable employment.
If one party is at fault for the divorce, the entitlement to support depends on the ruling. In general the partner at fault must support the unfaulty partner, if he or she depends on this support and an employment is neither just nor reasonable.
If the court decides that both partners are at fault for the divorce, no entitlement to support is granted to either side, unless one of the partners is incapable of employment.
There are a few exceptions:
- If the partner at fault is incapable of employment due to the upbringing of the children
- If the partner at fault has fully taken care of the household during the marriage and is therefore not capable of supporting him or herself.
MAG. ULRIKE PÖCHINGER
Günthergasse 3 Top 4
1090 Wien
Office Upper Austria
Linzerstraße 18/5
4810 Gmunden
Phone: +43 (0) 1 / 99 04 508
Mail: office@poechinger.at
Member of the Vienna Bar Association