After a separation or divorce, child support is one of the most pressing issues for parents. How much is the child support? Who is required to pay? And what changes if both parents share custody equally? This article explains the key basics of child support in Austria—including the custody-based child support model.
Who is obligated to pay child support?
Both parents have a duty to support their children—regardless of whether the child was born in or out of wedlock. The parent who primarily cares for the child provides support in kind, that is, by providing housing, food, and daily care. The other parent is obligated to provide financial support. The legal basis for this is found in Sections 231 through 234 of the Austrian Civil Code (ABGB).
How is child support calculated?
Austrian courts use the so-called percentage method. The starting point is the monthly net income of the parent obligated to pay child support. Depending on the child’s age, the following percentages are applied: 16 percent for children up to age 6, 18 percent for children up to age 10, 20 percent for children up to age 15, and 22 percent for children up to age 19.
If there are multiple children for whom child support is owed, deductions of 1 to 2 percent are made for each additional child. If there is also a duty to pay spousal support, additional deductions of up to 3 percent may be made.
Important: Since the Supreme Court’s change in case law in December 2019 (4 Ob 150/19s), family allowance is no longer deducted from child support. The tax relief for the person obligated to pay support is provided exclusively through the Family Bonus Plus and the child support deduction.
The standard benefit
In addition to the percentage method, courts base their decisions on the so-called standard allowance—the age-based average needs of a child in Austria. If the amount calculated using the percentage method is lower than the standard allowance, the standard allowance applies. The standard allowance rates are adjusted annually.
The Playboy Line
For very high incomes, the so-called "Playboy limit" serves as the upper limit for child support. For children up to age 10, it is set at twice the standard allowance; for older children, it is set at two and a half times that amount. Its purpose is to prevent child support from exceeding the child's reasonable needs. For the majority of child support cases, it is not relevant.
The Principle of Strain
Both the parent obligated to pay child support and the parent entitled to receive it are subject to the principle of maximum effort. This means that if a parent culpably fails to make full use of their ability to work or their earning potential, a fictitious achievable income will be attributed to them. Therefore, voluntarily forgoing income does not automatically lead to a reduction in the child support obligation.
Special needs
In addition to regular child support, special needs may be claimed in certain cases. These include extraordinary, non-recurring expenses—such as braces, expensive medical treatments, tutoring, or school trips.
The child support model under family law
If both parents care for the child for roughly the same amount of time—that is, under a shared custody arrangement or a dual-residence arrangement—the child support model under custody law applies under certain conditions.
The Supreme Court has clarified that care is considered equal when neither parent provides more than two-thirds of the care. In such cases, neither parent is generally obligated to pay financial support to the other—both contribute through their equal share of care.
However, if one parent has a significantly higher income, a so-called differential child support payment applies, even if the level of care provided is equivalent. This is calculated based on the difference between the notional monetary child support entitlements of both parents, determined using the percentage method.
Important: The child-rearing-based child support model does not apply if one parent, despite sharing equal responsibility for the child’s care, also bears the majority of the expenses necessary to meet the child’s needs—such as clothing. In this case, the calculation is based on the percentage method.
How long does the obligation to pay child support last?
The right to child support generally continues until the child becomes self-sufficient—that is, until the child can support themselves. Reaching the age of majority does not automatically end the obligation to pay child support. For students, case law generally assumes that self-sufficiency is achieved between the ages of 25 and 28, depending on the field of study.
A waiver of child support is legally invalid—even if it is included in a divorce agreement. The right to child support belongs to the child, not to the custodial parent.
Advance on child support
If the parent obligated to pay child support fails to make payments, an application for advance child support payments may be filed under certain conditions. The government then steps in and collects the amount owed directly from the obligated parent. Advance payments are granted only for children up to the age of 18 and only if there is an enforceable child support order.
Conclusion
In practice, calculating child support is more complex than it appears at first glance. Income, the division of custody, siblings, and the principle of financial contribution all have a significant impact on the outcome. If there is a disagreement regarding child support or if you are transitioning to a custody arrangement with an approximately equal division of custody, it is advisable to seek legal counsel early on.
Do you have questions about child support or would you like to have your situation assessed? Schedule an initial consultation—we’ll provide you with personalized, practical advice.
