BAföG Advance Payment When Your Parents Do Not Pay

Many students only learn during the application process that their parents cannot or will not pay, even though BAföG (Bundesausbildungsförderungsgesetz, the German federal student financing law) counts a parental contribution. The law provides for this case with an advance payment. It is not a gift or an allowance, but funding that the office pays in advance under clear conditions. This guide explains when this applies, how the application works and what to watch for.

The most important points

• Under § 36 (1) BAföG, funding is paid on application without counting the parental maintenance amount.
• You must make credible that your parents do not provide the counted amount and that your training is therefore at risk.
• Your parents are heard beforehand. The office may refrain from this for an important reason.
• If parents refuse to provide information, subsection 2 applies. Fines or enforcement measures must then have failed for two months or be legally impossible.
• There is no advance payment if your parents are willing to pay maintenance under a determination pursuant to § 1612 (2) of the German Civil Code (BGB).
• The office does not consider applications made after the funding period has ended.

What an advance payment is

An advance payment is funding that the office first pays out, although the maintenance from your parents would otherwise be counted against it. You receive money that would otherwise be reduced because of your parents. How the office later offsets the amount with your parents or claims it from them is a separate question. Clarify it with the office before you submit the application.

Do not confuse an advance payment with a general advance. The matching form is Form 8. Our guide to the BAföG forms explains what all the forms mean.

When does the advance payment apply?

The paragraph covers several situations. The table below summarises them. Read the exact wording yourself if in doubt, because the outcome in individual cases depends on the precise phrasing.

Child benefit and the advance payment

Child benefit that is passed on to you or paid directly is not counted against the advance payment (§ 36 (3) BAföG). The same applies to benefits from one parent that go beyond the maintenance counted for the other. This rule matters if you receive child benefit, because it prevents the money from being deducted twice.

Step by step: how to apply

1. Check with the office whether the conditions apply in your case before you spend time on evidence.
2. Gather proof that your parents do not pay the maintenance, for example correspondence or payment records.
3. Complete Form 8 and submit the application within the current funding period.
4. Expect that your parents will be heard. This can lengthen the procedure.
5. Check the decision. If it is a rejection, the one-month objection deadline applies, as explained in our guide on rejected BAföG applications.

Why hearing your parents matters

Before deciding, the office hears your parents. This gives them the chance to state whether and to what extent they will pay maintenance. The hearing is a formal step in the procedure and can therefore take time. Plan for this waiting period if your course start or your rent is pressing.

You cannot carry out the hearing yourself, but you can make sure that your application is complete. The clearer your evidence shows why your parents do not pay, the fewer follow-up questions arise. The law allows the office to refrain from the hearing only for an important reason, and you should not plan around that exception.

Common mistakes to avoid

• Submitting the application only after the funding period has ended. It will then not be considered.
• Naming the evidence only verbally. To make something credible means to provide traceable documents or correspondence.
• Confusing the advance payment with the application for regular funding. The two applications must be considered separately.
• Leaving the notice unread. A notice can contain a rejection, and then the one-month objection deadline is running.

Careful preparation avoids most of these pitfalls. A short message to the office before you apply often saves more time than it takes.

Frequently asked questions

Do I have to ask my parents to pay first?

The office hears your parents. Whether you should ask them to pay beforehand is best discussed with the office, because it can be assessed differently in each case. Written attempts to obtain the maintenance help you in any case, provided you can document them.

Do I still have to declare my own income?

Yes. Your own income and assets are checked under the general BAföG rules. The advance payment does not replace that check. It only concerns the parental maintenance that is counted.

Does the advance payment apply retroactively?

No. Under § 36 (1) BAföG, applications made after the funding period has ended are not considered. Apply as early as possible within the current period.

Can I get advice on this?

Yes. Questions about your individual case are best clarified with the responsible office for education funding. If you also want an overview of your entire financing, you can book a personal consultation: how we work.

How to proceed now

1. Note since when your parents have not been paying maintenance and collect the evidence.
2. Clarify the conditions with the office and ask for the current Form 8.
3. Submit the application within the current funding period and keep the objection deadline in mind if the decision is a rejection.

Related guides

• Independent BAföG: Requirements and Application
• BAföG 2026: Eligibility, Amount and Repayment
• BAföG forms explained: 1, 2, 3, 5, 6, 7, 8
• BAföG rejected: how to object correctly

Sources: § 36 BAföG, advance payment (gesetze-im-internet.de, accessed October 2026); bafoeg-aktuell.de, notes on Form 8 (as of 20 Feb 2026).

Last updated: October 2026. This guide is general information, not individual advice.