Personal bankruptcy and Maintenance - Facts about the lack Calculation

04-26  Source: Network gathering  Views:15 


Personal bankruptcy and Maintenance - Facts about the lack Calculation

Often the money is not enough for all maintenance claims.

Not always enough your own income to after a separation or divorce can satisfy all maintenance claims in full. Who how much maintenance gets depends on the Düsseldorf table. In defect case, it is mainly a matter which rank occupies a maintenance creditor.

Deductible and maintenance

  • A maintenance debtor is only obliged to make maintenance payments, as it does not jeopardize its own necessary maintenance. The Düsseldorf table therefore also provides an excess of the maintenance debtor who depends on whether the maintenance debtor is employed or not, and which maintenance creditors are present.
  • Compared to a minor child of the deductible on an employed breadwinner for example, is 950 Euro (as of 2012).
  • Life, however, can bring about that more dependents are present and the maintenance debtor is unable to pay all the necessary maintenance. In such a "shortage case" a so-called lack of case calculation is performed.
  • Who then as maintenance creditor takes first place, whose claims are first satisfied. Gem. § 1609 BGB go among others minor unmarried children the caretaking parent in rank.

Personal bankruptcy and pledging free income

  • Who has high debt and falling into the personal bankruptcy, the labor income can be seized only up to a certain limit. If there is a maintenance obligation, increase the seizure-free allowances, s. § 850c Abs. 1 ZPO. Fixed they are in the so-called seizure-free allowances notice, for a debtor without dependents is the unpfändbare amount of labor income from 1 July 2011, for example, 1028.89 Euro.
  • Is anybody responsibility to maintain, debt can reduce the income to be taken into account to the extent that is expected of a deficiency case with the maintenance calculation. An over-indebted of breadwinners is therefore usually to open a private bankruptcy obliged to thereby bring about a more favorable situation for the dependents.
  • After remaining debts then also the total income available again for the maintenance payments.

A personal bankruptcy of the maintenance creditor can have a favorable effect on the dependents. Because this debt reduce the available income is less.

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