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Child Support in Austria: How Alimente Is Calculated (2026)

By Recording Law Editorial Team13 min read
Child Support in Austria: How Alimente Is Calculated (2026)

Frequently Asked Questions

What percentage of income is child support in Austria?

Austrian courts apply a percentage of the paying parent's net monthly income based on the child's age: 16 percent for ages 0 to 6, 18 percent for 6 to 10, 20 percent for 10 to 15, and 22 percent from age 15 onward. These percentages come from case law, not from the text of the ABGB.

Is child maintenance in Austria based on § 140 ABGB or § 231 ABGB?

§ 231 ABGB is the current basis for child maintenance. § 140 ABGB covered maintenance before a 2013 renumbering and today deals with a different subject, parentage, so citing § 140 for a maintenance amount is out of date.

Is there a minimum amount of child support in Austria?

No. Austrian law sets no statutory minimum child support figure. The Regelbedarf reference table is used only as a comparison benchmark and as the base for the upper Luxusgrenze cap, never as a guaranteed floor.

What is the Luxusgrenze in Austrian child maintenance?

The Luxusgrenze, also called Unterhaltsstopp, is a ceiling that stops the percentage calculation from rising indefinitely for a high-income paying parent. In practice this caps the amount at roughly 2 times the Regelbedarf for a child under 10 and 2.5 times the Regelbedarf from age 10, though courts treat the exact boundary near ages 10 to 12 flexibly rather than as a fixed rule.

What are the Regelbedarfssätze for 2026?

For calendar year 2026 the reference figures are 360 euros a month for ages 0 to 5, 460 euros for 6 to 9, 560 euros for 10 to 14, 700 euros for 15 to 19, and 800 euros for age 20 and older. These are updated each January, so figures should be reconfirmed for later years.

Does having other children reduce how much maintenance I pay?

Yes. The base percentage is reduced by 1 percentage point for each additional child under 10 that the paying parent also supports, and by 2 percentage points for each additional child aged 10 or older. A further reduction of up to 3 percentage points can apply if a spouse also has a maintenance claim.

What happens if the paying parent deliberately earns less to reduce child support?

Under the Anspannungsgrundsatz, a court can calculate maintenance based on the income the paying parent could reasonably earn rather than their actual reduced income, but only where the parent is at fault for not working. A parent who is involuntarily unemployed or unable to work due to illness is not assessed this way.

Can a child claim more than the standard monthly amount for a specific expense?

Yes, through a Sonderbedarf claim for an extraordinary, non-recurring cost such as orthodontic treatment or therapy. Courts scrutinise these claims closely, particularly where the paying parent already pays significantly above the Regelbedarf for ordinary needs.

Sources and References

  1. § 231 ABGB, Kindesunterhalt (parents' duty to contribute to a child's needs)(ris.bka.gv.at).gov
  2. § 140 ABGB, Abstammung des Kindes (parentage, not maintenance, since the 2013 renumbering)(ris.bka.gv.at).gov
  3. oesterreich.gv.at, Unterhalt: Prozentsatzmethode and deduction percentages set by case law(oesterreich.gv.at).gov
  4. OGH Rechtssatz RS0007138, Luxusgrenze/Unterhaltsstopp and the age 10 to 12 boundary(ris.bka.gv.at).gov
  5. OGH Rechtssatz RS0047686, Anspannungsgrundsatz (imputed income for the maintenance debtor)(ris.bka.gv.at).gov
  6. OGH Rechtssatz RS0047525, Sonderbedarf (extraordinary needs beyond ordinary maintenance)(ris.bka.gv.at).gov
  7. Kindschafts- und Namensrechts-Änderungsgesetz 2013, BGBl. I Nr. 15/2013 (renumbered § 140 to § 231 ABGB, in force 1 February 2013)(ris.bka.gv.at).gov
  8. oesterreich.gv.at, Unterhalt overview: who owes maintenance to whom and how much(oesterreich.gv.at).gov
  9. Allgemeines bürgerliches Gesetzbuch (ABGB), consolidated federal law text on RIS(ris.bka.gv.at).gov
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