Child benefit and maintenance are closely linked during studies, because child benefit (Kindergeld) is offset against the maintenance claim. Who receives the money, and how much finally reaches you, depends on who is entitled and how high your needs are. This guide explains the logic step by step and shows it with an example.
Short answer: Child benefit of 259 euros per child and month (2026, section 66 EStG) is usually paid to the parents. Under section 1612b BGB it covers your basic needs (Barbedarf). It is offset in full, unless one parent meets the duty by caring for the child. In that case only half is offset. Last updated: October 2026.
The most important points at a glance
- In 2026 child benefit is 259 euros per child and month (section 66 EStG).
- Under section 1612b BGB, child benefit is used to cover the child’s basic needs and therefore reduces the maintenance claim.
- Only half is offset if one parent meets the maintenance duty by caring for the child. In all other cases the full amount is offset.
- Under section 1610 para. 2 BGB, maintenance covers the whole living need, including the costs of an appropriate vocational training.
- Whether and how much your parents must pay depends on their ability to pay (section 1603 BGB).
Who receives child benefit while I study?
The family benefit office (Familienkasse) assesses child benefit and usually pays it to the entitled parents. Only when the parents do not pay, or are not obliged to pay under the law, can child benefit be paid to you under section 74 EStG. The law names this as an exception.
In practice this means: as long as nothing is paid to you, the money stays with your parents. It is then taken into account in the maintenance calculation, even if you never see it yourself. For this reason it is worth knowing which amount counts for you before you discuss payments with your parents.
How is child benefit offset against maintenance?
Maintenance is the amount the obligated person must pay to cover your living needs. Under section 1610 para. 2 BGB, this includes the costs of an appropriate vocational training. Child benefit serves as part of your basic needs: it is used exactly for this purpose and is therefore deducted from the maintenance amount. The rule is in section 1612b para. 1 BGB.
| Situation | Offset under section 1612b BGB | What it means |
|---|---|---|
| One parent meets the duty by caring for the child (no. 1) | half | half of the child benefit reduces the basic needs |
| All other cases (no. 2), for example when you are no longer cared for | full amount | the entire child benefit reduces the basic needs |
The maintenance claim exists under section 1601 BGB for relatives in the direct line, in practice usually parents towards their children. The amount to be paid depends on your needs and on your parents’ ability to pay. Maintenance tables of the higher regional courts (Oberlandesgerichte) give guide values, but each case is decided individually.
Calculation example: what remains at the end?
Assumption: your monthly basic needs are 1,000 euros, and your parents are able to pay. Child benefit in 2026 is 259 euros per month (section 66 EStG). The following calculation shows both cases from the table.
- Full offset (no. 2): 1,000 euros minus 259 euros gives 741 euros of maintenance per month. Per year this is 741 times 12, which is 8,892 euros.
- Half offset (no. 1): 259 euros divided by 2 gives 129.50 euros. Then 1,000 minus 129.50 leaves 870.50 euros per month. Per year this is 10,446 euros.
- The difference between the two cases is 1,554 euros per year, because with a full offset the child benefit reduces the claim twice as strongly.
The calculation is simplified. It shows the logic of the offset, not a specific entitlement. Which amounts apply in your case is decided by the body that calculates the maintenance or by advice that knows your documents.
Maintenance, BAföG and child benefit: what counts first?
Many students combine child benefit, maintenance and BAföG. BAföG follows its own needs rates. For students living away from home who are up to 24 years old, the 2026 maximum rate was 855 euros per month. It consists of a basic amount of 475 euros and a housing allowance of 380 euros (Studierendenwerke, 2026 rates). The actual claim then depends on the income that counts, including that of your parents.
How your parents’ maintenance is treated in BAföG is determined by allowances that depend on your family situation. Our guide on independent BAföG explains the details. Both calculations should therefore be checked separately.
What to do if my parents do not pay?
If your parents do not pay the maintenance, or pay only part of it, child benefit can be paid to you under section 74 EStG. The law names this case expressly, and payment can also be made to the person who provides you with maintenance. Whether your claim is high enough and whether legal action makes sense is a question for legal advice.
Good documentation helps. Keep payments, letters and agreements in writing. A maintenance claim is easier to enforce when amounts and periods are documented.
Frequently asked questions
Do I receive child benefit in addition to maintenance?
Not in full. Child benefit is offset against maintenance, so it reduces the amount your parents must pay. Whether you receive the money yourself is a different question and depends on payment under section 74 EStG.
Does the offset only apply to minors?
No. The rule in section 1612b BGB applies to a child’s basic needs in general. The half offset only applies where one parent meets the duty by caring for the child. For students who are no longer cared for, the full offset therefore usually applies.
Do I have to claim maintenance myself?
Yes, if your parents do not pay voluntarily, you need to pursue the claim actively. Proof of needs, income and training is helpful. Advice shows which documents are needed in your case and how best to enforce the claim.
What if my parents are not able to pay?
Then they are not obliged to pay under section 1603 para. 1 BGB, to the extent that paying would endanger their own appropriate maintenance. Whether this threshold is reached is checked case by case, based on income and assets. Other obligations of the parents also play a role.
What you should do now
- Find out who currently receives child benefit and note the amount. For 2026 it is 259 euros per month.
- Agree in writing with your parents how the maintenance is calculated and which offset they apply.
- Seek advice before making demands or starting proceedings if there is a dispute.
- Check the effect on your BAföG before reporting changes, so that both calculations fit together.
Related reading
- Child Maintenance for Students: Amount and Duration 2026
- Child Benefit for Students: Eligibility and Application
- BAföG Rates 2026/27: Figures, Allowances and Limits
- Kindergeld oder Unterhalt
Sources: section 1612b BGB, use of child benefit for basic needs (in German) (as of October 2026), section 1610 BGB, extent of maintenance (in German) (as of October 2026), section 1603 BGB, ability to pay (in German) (as of October 2026), section 74 EStG, payment of child benefit in special cases (in German) (as of October 2026), section 66 EStG, amount of child benefit (in German) (as of October 2026), Studierendenwerke: BAföG needs rates up to 2026 (in German) (2026).
Last updated: October 2026. This guide is general information, not individual advice.
