Euro banknotes and documents during a legal consultation on spousal and child support with a lawyer

Child and Spousal Support in Austria

michael ibesich portrait rund

Attorney specializing in family law & divorces, founder of the law firm IBESICH

Legal Notice/Disclaimer: The following information is intended for general guidance only and does not replace individual legal advice. For advice tailored to your specific situation, please consult a lawyer or another qualified legal professional.

Especially when children or (former) spouses are involved, it’s important to understand who is legally obligated to provide financial support.

Austrian law offers clear regulations and recognized calculation models for support payments.

In this guide, you’ll find a concise and easy-to-understand overview of who is entitled to support, how maintenance payments are calculated, and what steps can be taken if payments are missed.

This way, you’ll stay informed – and be able to make well-grounded decisions about what comes next.

As of 05/2025

What you need to know

  • Definition & Types of Support: Support includes in-kind support (housing, food, etc.) and financial support

  • Eligible Recipients: Children and (former) spouses; not unmarried partners without legal marriage

Child Support:

  • The parent providing daily care contributes in-kind support, the other parent pays financial support; regardless of marital status

  • Amount depends on the child’s age and the paying party’s income; additional special needs may be considered

  • Ends when the child becomes self-supporting

Spousal Support:

  • During marriage and separation, mutual obligation applies

  • After divorce, usually dependent on fault and possibly financial need

  • Amount based on net income

  • Duration may be limited or unlimited; remarriage usually ends entitlement

  • Adjustment possible in case of changes in income or life circumstances; an application is required

Below you will find detailed information and further explanations on each topic.

Table of Contents

What Is Maintenance?

Maintenance refers to ongoing contributions intended to cover a person’s basic living needs. This support can take the form of direct in-kind contributions – known as in-kind maintenance (e.g., providing housing, food, clothing, or pocket money) – or financial payments, known as monetary maintenance.

In Austria, monetary maintenance is often colloquially referred to as “Alimente”, especially when it concerns child support. Obligated individuals usually provide in-kind maintenance by covering everyday necessities such as accommodation and meals, while monetary maintenance is paid as regular financial contributions.

In summary: Maintenance is a legal obligation to ensure the material well-being of close family members. The term “Alimente” is often used synonymously with monetary maintenance, particularly in the context of child support. It is important that support always benefits the entitled person (e.g., the child) and covers their needs. The specific type and amount of maintenance depend on legal regulations and individual circumstances.

Who Is Entitled to Maintenance?

The right to maintenance is legally regulated in Austria. In general, the following groups of people are entitled to maintenance, provided the legal requirements are met:

  • Children – Minor children are entitled to maintenance from their parents. Adult children may also be entitled to support under certain conditions, namely until they become self-supporting. Whether the child was born in or out of wedlock is irrelevant; children of unmarried parents have the same legal status as those born within marriage.

  • Spouses – Within an ongoing marriage, spouses are mutually obligated to provide maintenance. If one spouse earns significantly less or manages the household, they may be entitled to support from the other. A claim to maintenance may also exist in cases of separation or after divorce.

  • Parents – In exceptional cases, even parents (and grandparents) may have a claim to maintenance from their adult children, namely if they are unable to support themselves. However, this only applies if they did not seriously neglect their maintenance obligations toward the children in the past. This mutual obligation within families is based on the principle of solidarity between direct relatives.


Unmarried partners who live together without being legally married do not have a statutory right to maintenance. Unlike spouses, they are not legally required to support each other. In such cases, a voluntary contractual agreement is recommended, as there is no legal entitlement to maintenance – except for shared children.

In summary: The law primarily protects children and (former) spouses by granting them a right to maintenance. Entitlement always depends on the specific circumstances, such as fault, financial need, and the legal nature of the relationship.

A young boy quietly plays with toy cars in the living room — a moment that reflects the importance of child support within the family environment

Child Support

Children hold a particularly strong legal position when it comes to maintenance. Both parents are obligated to provide for their children – regardless of whether they are married or live together. A child’s needs take priority, and the law ensures that minors are adequately provided for in all cases.

Support for Minor Children

If a minor child lives with one parent (or both), that parent provides their share of support through care, education, housing, food, clothing, and other daily needs. This form of support is called in-kind maintenance.

Examples include providing housing and meals, care, and covering school costs or leisure activities. The other parent, who does not share a household with the child, must contribute financially – this is referred to as monetary maintenance or “alimony”.

These payments are determined either by court ruling or private agreement and are exclusively intended to meet the child’s needs. The caregiving parent receives the alimony in trust for the child; waiving this claim is legally not permitted, as the money belongs to the child.

Important to know: If the paying parent also provides substantial care (well beyond typical visitation), their financial maintenance obligation may be reduced to avoid double burden.

Support for Adult Children

Reaching legal age (18) does not automatically end a child’s right to maintenance. In principle, parents must continue to support their children until they are self-supporting.

Self-supporting means the child can independently cover their own reasonable living expenses. This depends largely on their education or studies and is not tied to a fixed age – there is no legal upper age limit for child support in Austria.

A typical case: As long as an adult child is seriously and actively pursuing education or studies, the maintenance claim against the parents remains valid. Changing one’s field of study – especially after the first semester – usually does not end the claim, as long as the new program is also pursued seriously.

Only after completing education or studies and earning a sufficient income is a child considered self-supporting. Parents are generally still obligated to support reasonable transition periods, such as the job search after graduation.

Adult children typically receive monetary maintenance directly, no longer via the caregiving parent.

In-Kind vs. Monetary Maintenance

As long as a child lives with one parent – including during university studies – that parent provides in-kind maintenance (such as free accommodation and meals).

This reduces their share of further maintenance obligations. The other parent, who lives separately, usually pays monetary support.

For adult children, it is often agreed that maintenance be paid partly or fully in cash, as adults manage their own finances. However, if the child already has a regular income or assets, this is credited toward the maintenance and reduces the parents’ obligation.

A common example is an apprentice: the apprenticeship allowance counts as the child’s own income and lowers the parents’ payment obligation. Some types of income are not counted, such as family allowance or minor earnings from summer jobs.

Also important: A child does not have to take on part-time jobs during active education just to ease the parents’ burden. Parents still owe full maintenance so the child can focus on their studies.

Calculation of Child Support

Austria has developed specific guidelines for calculating maintenance. Legally, the amount is based on the income and assets of the obligated parent and the needs of the child. Each case is assessed individually by the court. In practice, the so-called percentage method is often used to estimate child support. Key factors include the child’s age and the net income of the obligated parent.

Typical percentage rates for child support:

  • 0 to 6 years: approx. 16% of net income
  • 6 to 10 years: approx. 18%
  • 10 to 15 years: approx. 20%
  • 15+ years: approx. 22%


These percentages apply when only one child is entitled to support. Deductions are applied if multiple recipients are entitled. For example, 1 percentage point is typically deducted per additional child under 10, and 2 points for each additional child over 10. A concurrent obligation to support a (former) spouse may reduce the share by another 0–3 percentage points, depending on that person’s income.

These deductions aim to ensure the obligated person is not financially overburdened and all entitled parties are fairly considered. Still, Austrian law does not define a strict “burden limit” – in extreme cases, maintenance may reduce the obligated person’s income below the protected subsistence minimum.

This is rare and usually relevant only in cases of high income combined with many obligations or intentional income reduction. But it shows: there is no fixed maximum for what someone can be required to pay – as long as it is considered fair.

In cases of very high income, a “luxury cap” applies – meaning the child should not receive more than approximately two to two-and-a-half times the standard need rate to avoid overcompensation.

To calculate support, the regular net income of the obligated parent is used. One-time payments (like bonuses) are included proportionally.

If someone attempts to avoid their obligations by working less or taking a lower-paying job, the court will assess a hypothetical income based on potential earning capacity (principle of imputed income). On the other hand, significant, necessary work-related expenses or unavoidable debts may be considered if they severely impact financial capacity.

Special Needs and Extraordinary Expenses: Standard maintenance is intended to cover ordinary living costs – food, housing, clothing, school needs, etc. However, special needs may arise that go beyond typical expenses, such as irregular or one-time costs.

Common examples include major medical or therapy expenses, braces, or tutoring. For particularly gifted children, this may also include equipment or education costs for a specific sport, musical instrument, or study abroad.

For such needs, the entitled child (or the caregiving parent) can request an additional amount, provided the expense is necessary and reasonable.

Again, the principle of financial capacity applies: If the obligated parent can afford it without facing hardship, they are usually required to contribute. It’s advisable to discuss special expenses with the other parent first. If no agreement is reached, the matter can be brought to court.

Duration and End of the Maintenance Obligation

As mentioned above, maintenance obligations end only once the child is self-supporting – there is no fixed age limit.

In practice, this means parents may be obligated to support adult children (e.g., university students in their early twenties).

Exceptions: If a child performs military or civilian service, they are considered self-supporting during that time; parents usually owe no support during those months. The obligation also ends if a (typically adult) child marries – the spouse then assumes the maintenance obligation.

In rare cases, a previously ended support claim may be reinstated – for example, if a now self-supporting child becomes dependent again due to serious illness or further education.

In such cases, parents may be required to resume support – always subject to what is reasonable based on the specific circumstances.

Spousal Support

Unlike children, who are always entitled to support from their parents, maintenance between spouses depends heavily on the specific situation (during marriage, separation, or after divorce) and, in some cases, on fault.

Here is an overview of what applies to married couples:

Support During an Intact Marriage

Within a marital union, both spouses are legally obligated to support one another. The law requires that both partners contribute to the shared household according to their abilities.

In practice, this means: The higher-earning spouse must contribute more to the family’s finances, while the spouse managing the household or caring for children fulfills their obligation in that way.

A typical example is a homemaker: The working partner provides the financial means to maintain the couple’s standard of living, while the other handles household duties and child care. As long as the marriage is intact and the couple shares a household, support is rarely disputed – the couple usually manages their resources jointly. However, a support claim may arise even during the marriage if one partner unjustifiably refuses to contribute.

Such cases are typically resolved by mutual agreement, but if necessary, a court may award an appropriate amount.

Important: Marital solidarity binds both partners to support one another.

By the way, this maintenance obligation also applies to registered partnerships.

Support During Separation Without Divorce

It is not uncommon for spouses to live apart for a period without (immediately) filing for divorce. During this phase – referred to as separation – the mutual maintenance obligation generally remains in effect.

In practice, the higher-earning or sole-earning spouse must continue to support the financially weaker spouse during the separation. The amount is based on the standard of living during the marriage and the needs of the entitled party. However, moral considerations may come into play: for example, if the entitled spouse leaves the marital home without a valid reason, their claim may be reduced.

The goal of “separation support” is to bridge the time until divorce and to soften serious financial disadvantages.

Support After Divorce

After a divorce, the key question is whether – and to what extent – a former spouse is entitled to support.

Amicable Divorce

In an amicable divorce, the spouses agree on a divorce settlement, which may include a maintenance arrangement or a mutual waiver of claims. If such an agreement is reached, it is binding, and the court does not need to rule on the matter.

Contentious Divorce

Support Based on Fault

In Austrian divorce law, the principle of fault applies when a divorce is contested. This means: If the divorce is granted by court judgment and one party is found to be predominantly at fault (e.g., due to infidelity or causing the breakdown of the marriage), this significantly influences any claim to post-marital support.

The following scenarios are distinguished:

  • Sole or Predominant Fault:
    If one spouse is found by the divorce court to be solely or predominantly at fault for the breakdown of the marriage, that person is required to pay reasonable maintenance to the other. The obligated ex-spouse must be financially capable of providing support.

    The amount of support is based on the standard of living during the marriage and is intended to meet the reasonable needs of the entitled party. In practice, similar benchmarks to those used during the marriage apply: If the recipient has no income, approximately 33% of the obligated party’s net income serves as a guideline. If the recipient has an income, about 40% of the couple’s former combined income minus the recipient’s earnings is used.

    These figures are non-binding guidelines; the court may determine different amounts depending on the circumstances. The key principle is that the innocent party should not fall into hardship and should be able to maintain a lifestyle similar to that previously enjoyed.

  • Equal (or No) Fault:
    If both ex-spouses are found equally at fault for the breakdown of the marriage – or if the divorce is granted without a fault ruling – then, in principle, no maintenance claims exist between the parties. Each must support themselves.

    However, Austrian law provides for a hardship clause: If one former spouse is unable to support themselves, the court may award a modest maintenance amount based on equity. “Based on equity” means the court sets a fair and reasonable contribution, taking into account the needs and financial means of both parties. In practice, these equitable maintenance payments are usually low – typically about 10–15% of the obligated person’s income.

    This support is intended solely to prevent serious hardship. Anyone who has deliberately placed themselves in financial need (e.g., by quitting a job without cause) may lose this entitlement partially or completely. Grossly improper behavior after the divorce (e.g., persistently sabotaging a child’s visitation rights) can also forfeit the right to equitable maintenance.

  • Special Case: Divorce Due to Irretrievable Breakdown (§ 55a Austrian Marriage Act):
    If the divorce occurs without a formal fault ruling – for example, after three years of separation (a so-called irretrievable breakdown divorce) – special rules apply.

    If the court determines that the spouse who filed for divorce bears the main responsibility for the breakdown, the other spouse is entitled to support. The amount is based on the entitled person’s needs and reflects the former standard of living. In such cases, the entitled spouse may also qualify for a potential widow’s pension.

Support Without Fault

Regardless of fault, certain forms of spousal maintenance may be granted on social grounds: If a divorced spouse cannot reasonably be expected to take up full-time employment – for example, due to caring for young children or nursing a relative – they may be entitled to post-marital maintenance based on equity.

Such a claim applies particularly when an ex-partner has (or had) responsibilities in child-rearing and was therefore unable to generate sufficient income. The same applies if someone dedicated many years to managing the household and now, due to age or lack of qualifications, has little realistic chance of employment.

In all these cases, the financially weaker spouse should receive maintenance covering their reasonable standard of living, regardless of fault in the divorce. However, this entitlement can be reduced or denied if the recipient has acted seriously improperly or brought about their own neediness through fault.

Important: If the divorced person enters into a new marriage, their maintenance claim against the former spouse usually ends. The new spouse then assumes the duty of support. The same applies to entering a legally recognized registered partnership. Additionally, a support claim may end or be reduced if the recipient’s financial situation improves (e.g., through higher personal income or moving in with a high-earning partner).

Calculation of Spousal Maintenance

For spousal maintenance – both during and after the marriage – there are no fixed formulas under the law beyond the commonly used reference values of 33% and 40%. Instead, the calculation is based on the standard of living established during the marriage and the principle that, where possible, both ex-partners should have roughly equal access to their previously combined income.

Typical percentages for spousal maintenance:

  • 33% of the obligated spouse’s net income if the recipient earns nothing
  • 40% of the combined net income of both spouses minus the recipient’s income


Example:
If a divorced man earns €4,000 net and the woman earns nothing, about 33% = €1,320 would be a possible maintenance amount.

If the woman earns €1,000 net, the calculation is (4,000 + 1,000) × 0.40 = €2,000. Subtracting the woman’s €1,000 income leaves €1,000 in spousal support.

If both spouses earn roughly the same, spousal maintenance usually does not apply.
In the case of competing support obligations (e.g., children from a previous marriage), child support takes priority and is deducted from the payer’s available income when calculating spousal support.

If maintenance is awarded based on equity, the amount is typically about 10–15%.

Husband calculates spousal support for his divorced ex-wife

Enforcement of Maintenance Claims

What can you do if the obligated person refuses to pay or no agreement is reached? Austrian law provides several ways to enforce maintenance claims.

Out-of-Court Settlement

Ideally, the parties reach an amicable agreement. In child support matters, the Youth Welfare Office (Children and Youth Welfare Authority) can offer advice and help secure an enforceable maintenance order. Many support agreements are made in the course of an uncontested divorce – for example, a written agreement on post-marital maintenance is required before the court can approve the divorce.

Mediators or attorneys can also help reach a fair solution without the need for a court process. The advantage of an out-of-court settlement is that both sides can contribute to the outcome, and it tends to reduce stress on the family relationship.

Court Proceedings for Maintenance

If no agreement is reached or a party refuses to fulfill their obligations, legal action is the next step. Child maintenance claims (whether the child is a minor or adult) are handled in Austria through non-contentious proceedings – a simplified, typically faster process before the district court.

The parent or young adult submits a maintenance application. The court reviews the obligated party’s income and assets and determines a fair support amount. During divorce proceedings, interim maintenance can also be requested to provide financial support before the divorce is finalized.

In contentious divorces involving a fault ruling, the court will decide on any spousal maintenance claims within the final judgment. Generally, court proceedings related to maintenance are less formal and aim to create a practical, enforceable support order that offers immediate relief to the entitled person.

Enforcement in Case of Payment Default

A court ruling or agreed maintenance order is only effective if it is followed. If the obligated person fails to pay voluntarily, the entitled person can initiate enforcement measures. This typically means applying for a wage garnishment, allowing the employer to deduct a portion of the salary and pay it directly to the recipient.

Bank account seizures or enforcement on other assets are also possible to recover outstanding maintenance. In cases of persistent non-payment – particularly of child support – Austrian law provides for the advance maintenance payment: In this case, the state (via the youth welfare authority) pays the child the due amount and later seeks reimbursement from the defaulting parent.

Advance payments are granted upon application when a legally enforceable support order exists but is not being honored. This ensures that no child suffers financially due to missed payments.

Ultimately, unpaid maintenance can be claimed for many years; as long as it has been legally confirmed, it does not expire quickly. This places significant pressure on the obligated person to meet their duties – if necessary, through state enforcement. In extreme cases, persistent refusal to pay child support can even lead to criminal consequences (keyword: “neglect of maintenance obligations”).

Changes & Adjustments to Maintenance

Maintenance arrangements are not set in stone. Life changes – incomes fluctuate, new families are formed – and with that, the appropriate level of maintenance may need to be reassessed. Both entitled and obligated parties have the right to request adjustments when significant changes in circumstances occur.

When Can Maintenance Be Adjusted?

In general, whenever there is a substantial change in the underlying conditions. For child support, for example, it is possible to request an increase every two years if the obligated parent’s income has increased or if the child’s standard needs (which are adjusted annually) justify it.

Conversely, if the payer’s income decreases significantly – due to unemployment or illness – a reduction can be requested. A common and simple reason is when a child moves into a higher age bracket with a higher support percentage; in such cases, support usually increases automatically if a percentage-based order is in place.

On the other hand, the obligation ends when the child earns enough to support themselves or finishes their education (i.e., becomes self-supporting). For spousal maintenance, new marriages or a significant increase in the recipient’s income often lead to the end of the claim.

Changes in Income

The most common reason for adjustments is a change in the obligated person’s income. Salary increases, career advances, or inflation may justify higher maintenance – after all, the recipient should benefit proportionally from the payer’s success, as before.

Conversely, payers may be granted relief if their income drops sharply (e.g., job loss, retirement). Important: Not every minor fluctuation justifies a new legal case. Courts focus on substantial, lasting changes. For example, a 10% salary increase may lead to higher payments, while a one-time bonus usually does not.

For self-employed individuals, courts often consider a multi-year average to balance out seasonal fluctuations. Maintenance orders can be modified by application to the district court if the new situation makes a different amount reasonable. Whenever possible, it’s advisable to agree on changes out of court – to save costs and avoid conflict.

New Life Circumstances

Changes in family structure also play a key role. A common example: The obligated person forms a new family or has additional children. This increases their financial responsibilities, often leading to a reduction in previous maintenance payments to ensure all dependents are fairly considered.

As mentioned earlier, courts usually deduct a percentage per new child from the overall maintenance share. Likewise, if the recipient remarries, their claim to post-marital maintenance typically ends – as the new spouse now holds primary responsibility.

Even entering a committed cohabiting relationship can, depending on the circumstances, lead to a reduction or termination of support if mutual financial support between partners is assumed. Additionally, when an adult child moves out of the parental home, the caregiving parent can no longer provide in-kind support; instead, both parents must provide financial support – which changes the maintenance arrangement.

Each case is unique, but the guiding principle is: Maintenance should reflect current life realities. Therefore, adjustments are not the exception but rather common over longer periods. What’s important: A formal court adjustment must be requested if the other party does not agree voluntarily – court orders do not change automatically.

FAQ: Child and Spousal Support in Austria

How long must child support be paid?

There is no fixed age limit – the decisive factor is when the child becomes financially independent. In principle, support must be provided until the child reaches self-sufficiency. This means: As long as the child is in education (school, apprenticeship, university) and does not earn enough to cover their own needs, the entitlement continues – even beyond the age of 18.

Support usually ends once the child completes their education and earns their own income sufficient to cover reasonable living expenses. In practice, the obligation ends after training/studies and a short transition into employment. If the adult child does not find suitable work immediately, parents may still be required to provide support for a reasonable interim period. If the child earns a sufficient income (or gets married – in which case the spouse takes over), support may be discontinued. Important: During military or civil service, the claim is usually suspended, as the child is then considered self-sufficient.

Do unmarried fathers also have to pay child support?

Yes. A parent’s obligation to support their child does not depend on marital status. By law, all parents – married, unmarried, or divorced – are obligated to support their children. An illegitimate child has the same right to maintenance as a legitimate one. What matters is legal parenthood (paternity/maternity). If paternity is officially acknowledged or judicially established, the father must pay child support if the child does not live with him. The rights and duties of unmarried parents regarding support, custody, and visitation are essentially the same as for divorced parents.

How much support must I pay for my child?

The exact amount depends on the obligated parent’s income and the child’s age (and needs). As a general rule: about 16% of net income for young children, up to 22% for teenagers (see Section 6). These percentages are reduced if the obligated person has to support multiple dependents (e.g., siblings or a spouse). Additionally, there are reference tables for children’s average financial needs (so-called “standard needs amounts by age”). Ultimately, a court will determine what amount is appropriate on a case-by-case basis.

There are no fixed flat amounts – for example: A parent with €2,000 net income would pay about 18% = €360/month for a 7-year-old only child. If the same parent has two children (ages 3 and 7), the rates may be slightly reduced (e.g., to ~15% and ~17%), so the total is split between them. If the parent earns significantly more than needed to cover the child’s needs, a cap may apply based on the “luxury limit”. The goal is fair support: enough for the child without overburdening the payer.

Am I entitled to spousal support after divorce?

That depends on the circumstances of the divorce. If your ex-partner was primarily at fault for the breakdown of the marriage and you do not have sufficient income, you may generally claim post-marital support. If both parties were equally at fault or if no fault was determined, there is usually no entitlement – unless you cannot support yourself, in which case a modest amount may be granted on equitable grounds. If you are caring for joint children from the marriage, you may be entitled to support for child care purposes, regardless of fault, if full-time employment is unreasonable.

In uncontested divorces, it is common to mutually waive maintenance if both spouses are financially independent. Note: Once such a waiver is agreed upon, it is very difficult to reverse. It’s advisable to seek legal advice before finalizing a divorce agreement. Also: Once you remarry, any claim for spousal support from your ex is usually terminated.

What can I do if the obligated parent refuses to pay?

If child support payments are missed, you should not hesitate to assert your rights. You can start with a reminder or a formal notice. If that fails, you can file a support claim or enforcement application at the district court. For minor children, the Youth Welfare Office can help: With authorization, Child Welfare Services can take over enforcement. The state temporarily covers the payments and seeks reimbursement from the defaulting parent.

A valid maintenance title (court decision or settlement) is essential, as enforcement and advance payments require it. Your lawyer or the youth welfare office can support you throughout the process. Note: Deliberate and persistent refusal to pay support is a criminal offense (§ 198 Austrian Penal Code) – the threat of legal consequences often motivates reluctant payers to comply.

Can I waive maintenance in advance?

For children: No. A maintenance waiver by the custodial parent (e.g., during separation) has no legal effect on the child’s rights. The child retains the right to claim support at any time, even in court. Child support is legally non-waivable as it serves the child’s best interests.

For spouses: Contractual agreements are possible. In an uncontested divorce, spouses may agree to mutually waive post-marital support. Such waivers are legally valid but should be considered carefully. During the marriage itself, a binding waiver is not possible – although spouses can voluntarily forego payments in practice, provided no one asserts a claim. Generally, it is advised to waive support only if you are truly financially independent. Especially women* should be aware that a complete waiver can negatively impact future social benefits (e.g., reduced eligibility for supplementary pensions or widow’s pensions). Legal advice is highly recommended beforehand.

Who determines the amount of maintenance, and can I change it myself?

The maintenance amount is either set by agreement between the parties (e.g., in a divorce settlement or before the youth welfare office) or decided by a court. You cannot change the amount unilaterally – any modification requires a new agreement or a court-approved adjustment. If your income decreases or the child’s needs increase, you must apply for a revision (see Section 8). Simply paying less (or demanding more) without agreement or a court decision is not legally permitted and can result in arrears or overpayments.

Exception: If the agreement includes an indexation clause (e.g., tied to the Consumer Price Index), the amount adjusts automatically – but such clauses must be explicitly agreed upon. When in doubt, always seek court approval for changes to ensure legal certainty.

 

Sources

  • Legal Information System (RIS) of the Republic of Austria – Legal texts
    • Sections §§ 94, 140 ff., 231–234 General Civil Code (ABGB)
    • Sections §§ 55a para. 2, 66–80 Marriage Act (EheG)
    • AußStrG §§ 49 ff. – Non-contentious proceedings in maintenance cases (court procedure for child support)
    • Section § 198 Penal Code (StGB), jusline.at – Violation of maintenance obligations (criminal liability for serious neglect of maintenance)
    • Advance Maintenance Payments Act (UVG)

  • Austrian Federal Portal oesterreich.gv.at
    – Official information from the Republic of Austria
    • General information on maintenance, child support (alimony), claims after divorce, calculation of maintenance, and advance maintenance payments
    • Legal maintenance obligations between spouses and for children (including self-sufficiency and support for parents)
    • Post-divorce maintenance claims (fault principle, equitable support, special cases)
    • State-funded advance payments for maintenance owed to minor children

  • jusline.at

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