Costs of after-school care for working parents and their classification within the scope of child support
The question of whether expenses for after-school care, incurred due to the employment of a custodial parent, can be claimed as additional child support needs has long occupied family courts. The Pforzheim District Court addressed this issue once again in its decision of March 4, 2020 (Ref.: 3 F 160/18), clarifying the standards for the legal assessment of such care costs.
Fundamentals of child support
Child support is regulated in the German Civil Code (BGB), in particular §§ 1601 ff. BGB, and serves to cover the living expenses of the child entitled to support. This usually consists of what is called the basic need, which includes all typical requirements of a child such as food, clothing, housing, education, and leisure activities. The Düsseldorf Table sets guidelines that are used nationwide to determine child support.
The basic need generally covers costs of everyday living. In addition to the basic need, additional needs or special needs may be claimed in special cases. According to maintenance law, additional need exists if there is an ongoing, regularly recurring need over a longer period, associated with significant expense, which is not covered by the standard child support table.
After-school care: Distinction between basic need and additional need
A frequently discussed aspect is the extent to which costs for after-school care are considered additional need. This question becomes particularly relevant when the custodial parent is employed and relies on third-party care for the child. The costs for after-school care do not arise from special needs of the child itself but are indirectly motivated by one parent’s employment.
In the present case, after-school care was arranged exclusively to enable the custodial parent to pursue their professional activity. The child did not require this additional care due to special circumstances or individual needs.
The Pforzheim District Court made it clear that in such cases, care costs are not classified as additional needs of the child as defined in § 1610 para. 2 BGB. In its reasoning, the court stated that after-school care in this scenario does not constitute a service for the child exceeding the basic requirement, but rather stems from the personal and financial circumstances of the custodial parent.
The additional financial burden resulting from after-school care therefore does not primarily concern the needs of the child, but is attributed to the private sphere of the custodial parent. Care needs triggered by employment therefore do not oblige the other parent to pay a correspondingly higher maintenance contribution.
Legal classification and practical consequences
The decision of the district court fits into an already established line of case law, according to which the costs of third-party care necessitated by employment do not constitute a deviation from the classic child maintenance requirement. An independent additional need is only recognized when day care is essential directly in the interest and for the development or special needs of the child, for example in cases of extraordinary support needs or special personal circumstances of the child.
Care costs incurred as a result of the custodial parent’s occupational or financial freedom of choice are instead considered part of that parent’s own living expenses and, from a maintenance perspective, are not to be apportioned to the other parent. As a rule, the non-custodial parent is therefore not obliged to contribute to these additional costs as additional needs.
However, it should be noted that each case must be assessed individually. If individual circumstances reveal different aspects – such as the child having special support needs or attending after-school care for inclusion and integration – a different legal assessment may follow.
Conclusion and outlook
The recent decision by the Pforzheim District Court makes it clear that costs associated with after-school care, incurred solely to enable the custodial parent’s employment, will typically not be recognized as additional needs of the child for maintenance purposes. The legal classification for maintenance is strictly determined by the principle that child support should be based on the child’s own physical and mental welfare needs, not on the individual employment circumstances of the custodial parent.
Nevertheless, the decision leaves room for the consideration of special circumstances in individual cases, in which a different assessment may be appropriate. In questions of child support and uncertainty about the proper legal classification of care costs, it is therefore advisable to seek tailored solutions and obtain competent legal advice.
For further questions and a precise analysis of your situation, the lawyers at MTR Legal are at your disposal.
