Alimony in a New Light

Maintenance Even with a Comparable Share of Care

Even before the amendment, it was possible for a court to order maintenance even when both parents cared for the child to a comparable extent. The issue was not how many hours a week the child spent with each parent, but whether the child ultimately had the same material conditions in both households.

The amendment does not explicitly enshrine this approach in the statutory text but confirms it in the explanatory memorandum. Courts can therefore continue to award maintenance in balanced care arrangements if there is a significant difference in the parents' incomes. The goal remains to provide the child with an equal economic background, regardless of where they are currently staying.

Option to Assign a Maintenance Claim

The amendment explicitly regulates the option to assign a maintenance claim to another person—for example, a debt collection agency. This option was previously missing from the law, although it did appear in practice.

It is now stipulated that an assignment is permissible only:
– for a consideration corresponding to the principal amount (i.e., not "below value"),
– and on a non-cash basis, which prevents circumvention of the rules and maintains the transparency of the transfer.

The entitled parent can thus obtain the owed maintenance without lengthy enforcement proceedings—but under clearly defined conditions intended primarily to protect the child's interests and prevent speculation.

Emphasis on Timely Payment of Maintenance

The amendment places greater emphasis on the fact that in the case of a late maintenance payment, the entitled party has a right to interest on late payment. The amount of interest is based on the statutory rate and can amount to significant sums in practice. The legislator thereby underscores that maintenance should be paid properly and on time—and that default is not without consequences. In this context, interest on late payment not only serves a compensatory function for the child but also motivates the obligated parent to fulfill their maintenance duty without undue delay.

Summary

The amendment, effective from 1 January 2026, introduces several important changes to the area of child maintenance:

• Maintenance can be awarded even if both parents provide care to a similar extent—the amendment confirms this practice in its explanatory memorandum.

• A maintenance claim can be assigned to another person, but only under specific conditions, exclusively for its full value and on a non-cash basis.

• Emphasis is placed on the proper and timely payment of maintenance—default gives rise to a claim for statutory interest, which is intended to genuinely encourage timely payments.

The aim of these changes is not to interfere with the fundamental nature of maintenance, but to strengthen its functionality and enforceability in practice. A child should have adequate material security regardless of which parent they are currently with—and a parent who fails to pay maintenance must bear responsibility for the delay.

Do you need advice on this topic? Contact the ARROWS law firm.

We bear no responsibility for any damages or complications arising from the independent use of information from this article without our prior individual legal consultation and professional assessment. Each case requires a tailor-made solution, so do not hesitate to contact us.