In Austria, child maintenance is calculated using the percentage method: an age-dependent percentage of the net income of the parent the child does not primarily live with. After a divorce, spousal maintenance under §§ 66 et seq. of the Marriage Act (EheG) depends largely on fault. Both are based on guideline figures and can be adjusted if circumstances change significantly – they are not guaranteed fixed amounts.
After a separation, maintenance is often where the practical questions begin: who pays how much, from when, and for how long? On this page, we explain in plain terms how child maintenance and spousal maintenance are calculated in Austria, how the amounts can be changed and what you can do if payments are not made. We give you guideline figures for orientation – but not guaranteed amounts, because the actual amount always depends on the individual case.
Child maintenance – the percentage method
In Austria, child maintenance is usually calculated using what is known as the percentage method. A set percentage of the net income of the parent who is liable to pay maintenance – the parent the child does not primarily live with – goes to the child as cash maintenance. The parent who looks after the child meets their maintenance obligation mainly in kind, through day-to-day care and upbringing.
The percentage rises with the child’s age. As a rough guide, the following guideline figures apply:
| Child’s age | Guideline percentage of net income |
|---|---|
| 0 to 6 years | approx. 16% |
| 6 to 10 years | approx. 18% |
| 10 to 15 years | approx. 20% |
| 15 years or more | approx. 22% |
Guideline figures as a rough guide, not guaranteed amounts – the actual amount depends on the individual case.
Deductions apply for other maintenance obligations: typically for each additional child entitled to maintenance and for a spouse entitled to maintenance. These deductions lower the percentage, because the income has to be shared among more people.
What counts is actual net income, including special payments (the 13th and 14th monthly salaries), spread proportionally over twelve months. For very high incomes, the upper limit on child maintenance, known as the ‘luxury limit’, also applies. Maintenance covers the child’s reasonable needs, but it is not meant to let the child share in an above-average income beyond what they need to live. How exactly this limit applies depends on the individual case.
Important: these percentages are guideline figures, not an automatic result. The actual level of income, the extent of care and any special needs of the child can change the amount.
Spousal maintenance (§§ 66 et seq. EheG)
Maintenance between spouses is separate from child maintenance. During the marriage, the spouses owe each other maintenance. For the period after the divorce, entitlement depends largely on fault. The spouse who is predominantly or solely at fault for the breakdown of the marriage is usually in a much weaker position when it comes to whether maintenance is payable, and how much.
As a rough guide, the guideline figures cited in practice are: around 33% of the paying spouse’s net income if the spouse entitled to maintenance has no income of their own, or around 40% of the couple’s combined net income, less the recipient’s own income, if both earn. However, whether there is any entitlement at all depends crucially on the ruling on fault and the couple’s actual circumstances. The percentages are therefore only a reference point, not a guarantee of any particular amount.
How long is maintenance paid – and how can it be changed?
Child maintenance is generally payable until the child is able to support themselves. This is not tied to a particular age: it is the point at which the child can cover their own living costs. If the child is still in training or education, or is pursuing a university course diligently, the obligation to pay maintenance can continue for longer.
Maintenance is not fixed for ever. If circumstances change significantly, maintenance can be adjusted – up or down. Typical reasons are a significant change in income (a substantial pay rise, unemployment, retirement), the child moving into a higher age bracket, other maintenance obligations ending or being added, or a change in care arrangements. Maintenance is adjusted either by agreement or, if no agreement can be reached, by an application to the court.
Enforcement when payment is refused
If the parent liable to pay maintenance does not pay voluntarily, there are ways to pursue the claim. If there is already an enforcement title – for example a court order or a court settlement – you can recover arrears and ongoing maintenance through enforcement proceedings. This involves attaching the debtor’s assets, in particular their salary. If there is no title yet, you first have to obtain one from the court.
For child maintenance, you can apply under certain conditions for advance payments of child maintenance by the state. The state then pays in the meantime, but recovers the money from the parent who has failed to pay. We work with you to find the quickest and safest route in your situation, and we represent you in the enforcement proceedings.
Costs and duration – a realistic assessment
We cannot give a reliable general figure for costs, because they depend on the value in dispute (the amount of maintenance being disputed) and on the work involved. If maintenance is settled by agreement – for example in a divorce settlement agreement as part of a divorce by mutual consent – this is usually much less expensive and quicker than disputed maintenance proceedings in court. Court fees may be payable in addition to the lawyer’s fees.
As for duration: an agreed arrangement can often be completed within a few weeks. Contentious proceedings in which income has to be established or is disputed can take several months, especially if a court-appointed expert has to determine the income.
How we help you
We work out a realistic maintenance range with you, represent you in reaching an out-of-court settlement or in court, and take care of enforcement if payments are not made. We make no promises about any particular amount – but we do promise to represent your interests, and those of your children, carefully and transparently.
Contact: Teamanwälte, Mag. Johannes Bügler · Baumgartenstraße 82, 1140 Vienna · Phone +43 1 419 13 18 · office@teamanwaelte.at. Book an initial consultation, and we will take the time to discuss your maintenance question with you.
Note: This page provides general information only and does not constitute legal advice on any individual case. The percentages stated (under the percentage method for child maintenance, and the guideline figures for spousal maintenance) are for guidance only. They are subject to change and are not guaranteed amounts. For a binding assessment of your individual situation, please arrange a personal consultation.