Are your parents not paying maintenance while you study? Then it is worth taking a close look at your rights. Many students do not know that a parent’s duty to support a child does not end at adulthood. This guide explains the legal position under the German Civil Code (Bürgerliches Gesetzbuch, BGB), shows you what you can check, and describes the options you have if payments do not arrive.
Short answer: Parents must cover the costs of an appropriate education for their child, as far as they are able to pay (§ 1610 para. 2 and § 1603 para. 1 BGB). The claim does not end automatically on the 18th birthday. Whether it exists and how much it is depends on the parents’ income and assets, your needs and your own resources. Last updated: October 2026.
The most important points
- The duty of support also covers the costs of an appropriate education, which includes university study.
- The claim only exists to the extent that your parents are financially able to pay, based on their income.
- Your own income, such as a part-time job, BAföG (German state student financial aid) or a scholarship, reduces the need your parents must cover.
- You can demand information about your parents’ income and assets.
- If your parents still do not pay despite a valid claim, the maintenance can be enforced in court.
Who has to pay for your studies?
The basis is the family relationship. Under § 1601 BGB, relatives in the direct line are obliged to support each other. For you as a child this means that both parents are generally liable. Each contributes in proportion to their income. There is no rule that one parent must pay everything while the other is free of the obligation.
You only have a claim if you are in need. Under § 1602 para. 1 BGB, only a person who is unable to support themselves is entitled to maintenance. Studying without sufficient means of your own usually meets this condition. If you earn enough for your living costs, the claim can be reduced or fall away entirely.
What counts as maintenance during studies?
Maintenance depends on the standard of living of the person in need (§ 1610 para. 1 BGB). Under § 1610 para. 2 BGB it covers the whole cost of living, including the costs of an appropriate education for a profession. Typical items are rent, food, health insurance, travel and study materials. Whether a course of study is appropriate is judged by the courts on a case by case basis, in particular by aptitude, performance and course of study.
The BGB sets no fixed age limit for education. The age rule of 21 in § 1603 para. 2 BGB only concerns general school education in the parents’ household. For university study, it is therefore not your age that counts, but whether the education is appropriate and pursued with a clear goal.
When do parents have to pay less or nothing?
The claim has limits. The most important ones are the following points, which are checked in disputes.
- Inability to pay: If your parents’ income does not exceed their own appropriate needs, the claim is limited or does not exist (§ 1603 para. 1 BGB).
- Your own income: Part-time work, BAföG, a scholarship or your own assets are counted against the need.
- Interrupted or delayed education: A course of study that is abandoned or clearly extended without a good reason can limit the claim in disputes.
- Refused information: If your parents refuse to disclose their finances, the family court can enforce disclosure. Until then, the need is often only covered through other funding.
How to request information and maintenance
Before going to court, a structured approach helps. The following steps have proven useful in practice, but they do not replace individual legal advice.
- Put your needs together: list rent, insurance, living costs, study materials and travel each month and back them up with receipts.
- Record your own income: BAföG notice, part-time work, scholarship, child benefit (Kindergeld) and savings.
- Request information: ask in writing that your parents disclose income and assets (§ 1605 BGB), and set a deadline of two to four weeks.
- Demand payment: state the monthly amount and the date from which you want it.
- Get advice: if there is no agreement, you can apply for legal advice assistance (Beratungshilfe) at the local court and have a claim before the family court checked.
One point matters for the past. Under § 1613 para. 1 BGB, maintenance for past periods can generally only be claimed from the point at which your parents were asked for information or were in default. Every month without a written request can therefore be lost for good, so do not wait until the end of the semester.
Worked example: how big is your gap?
Assumption: your monthly need for rent, food, insurance and study materials is 900 euros. You receive 380 euros in BAföG and earn 300 euros per month from a part-time job. This leaves a gap of 220 euros (900 minus 380 minus 300). This is the amount you discuss with your parents or in court. Actual offsets and allowances depend on the individual case and are often more complicated than in this example.
Which help applies when maintenance is missing?
Maintenance is not the only source of funding. Many students combine several sources until their need is covered.
| Support | When it fits | Responsible body |
|---|---|---|
| BAföG | You meet the requirements. Parental income is taken into account. | Office for education grants (Amt für Ausbildungsförderung), often at the Studierendenwerk |
| Child benefit (Kindergeld) | The entitlement does not depend on parental income. In exceptional cases it can be paid to you (§ 74 EStG). | Family benefits office of the Federal Employment Agency (Familienkasse) |
| Scholarship | Support follows its own criteria and is often independent of parental income. | Scholarship foundations |
| KfW student loan or Bildungskredit | A bridge that you have to repay. | KfW or the Federal Office of Administration (Bundesverwaltungsamt) |
Frequently asked questions
Is there an age limit for maintenance during studies?
Not as a fixed number. What matters is whether the course is appropriate and pursued with purpose. The age rule of § 1603 para. 2 BGB covers only general school education. Older students therefore need to explain more clearly why their course of study is appropriate.
Can I claim maintenance for past months?
Only to a limited extent. For the past, maintenance under § 1613 para. 1 BGB can generally only be claimed from the time your parents were asked for information or were in default. An early written request protects your claim.
Does my part-time job count against maintenance?
Yes, your own income reduces the need your parents must cover. How much remains free of offset must be assessed in each case. A large part-time workload can also put your studies at risk, which may matter in a dispute.
What if my parents refuse to give information?
You can then go to court to enforce disclosure. The family court can order that income and assets are disclosed. At the same time, the BAföG office checks which evidence it needs for a decision if you apply for funding.
Does maintenance also apply to a master’s degree or a second degree?
An appropriate master’s degree after a bachelor’s degree usually counts as part of the education. For a second degree, courts examine more strictly whether it is necessary and sensibly builds on the previous education.
What to consider before going to court
Court proceedings take time and effort. Collect all evidence on your needs, income and past correspondence in advance. A clear timeline of what you asked and how your parents replied helps the court and makes an out-of-court settlement easier.
An out-of-court agreement is often quicker. It should be recorded in writing, with the amount, the payment method and the start date. This avoids later disputes about periods and amounts.
Next steps
- Keep proof of your needs and income in one folder.
- Send your parents a factual written request for information with a deadline.
- Check whether you can claim BAföG and, if so, apply. The steps are described in our guide on the BAföG application (in German).
- Get advice before any court proceedings, for example through legal advice assistance (Beratungshilfe).
Related reading
- Child Maintenance for Students: Amount and Duration 2026
- Scholarships for students: Types, providers, requirements
- Part-Time Jobs and Taxes for Students in Germany
- BAföG beantragen: Antrag, Fristen und Unterlagen (in German)
- Kindergeld im Studium und im Master (in German)
Sources: German Civil Code, § 1601 (gesetze-im-internet.de, retrieved October 2026, in German); German Civil Code, § 1603 (gesetze-im-internet.de, retrieved October 2026, in German); German Civil Code, § 1610 (gesetze-im-internet.de, retrieved October 2026, in German); German Civil Code, § 1613 (gesetze-im-internet.de, retrieved October 2026, in German); Federal Employment Agency, family benefits office: child benefit from age 18 (retrieved October 2026, in German).
Last updated: October 2026. This guide is general information, not individual advice.
