Support between China and Germany

The position in one paragraph

German support rules are formula-driven and income-based, which makes the calculation predictable but the cross-border collection no easier.

Applying the German table to a child living in China produces a figure tied to a cost base the child does not have. The more useful approach is to establish the child's actual needs and then decide how much of the entitlement should be capitalised.

A typical situation

The payer works in Germany; the child lives in China. German support tables are keyed to German income and living standards.

Using the German table as the answer rather than as a starting reference. The result is either an unenforceable order or a figure that invites re-litigation.

What distinguishes this from a purely domestic case

Under the accrued-gains system, each spouse keeps their own property and the equalisation is calculated at the end of the marriage — a fundamentally different starting point from the Chinese position.

On the China side, the connecting factor has to be established on the documents: A Chinese court can order support where it has jurisdiction over the divorce. The calculation reflects the payer's income, the child's needs and local living standards.

The practical sequence in a Germany-connected matter

1. Establish the payer's actual income, which is often the hardest part in cross-border cases
2. Decide whether support should be paid periodically or capitalised into a one-off figure
3. Consider converting support into an asset transfer where cross-border enforcement would be unreliable
4. Build the mechanism into the agreement rather than leaving it to be worked out later

Certification is handled by the competent Land authority, so the state of issue matters as it does in the US.

How Germany documents are handled

Apostille from the competent Land authority or the Federal Office of Justice for federal documents.

Germany applies the Zugewinngemeinschaft (community of accrued gains) system, which functions very differently from Chinese community property.

Each spouse keeps their own property under the German default, and equalisation is calculated only at the end — the opposite logic to Chinese community property.

What has to be decided before filing

Document the child's actual costs, then decide between periodic and capitalised support on that basis.

The boundary to plan around is this: Enforcing an ongoing support order against someone living abroad is often impractical; a capitalised or asset-backed arrangement is usually more useful. Where value sits in Germany — typically property, company shares, bank accounts, Bauspar contracts — it is handled by agreement or by a separate route there, not by an order the Chinese court could enforce directly.

If your situation has a Germany element

Cross-border support orders are easy to make and hard to collect. Tell us where the payer lives and we will set out which structure is actually enforceable.

Frequently asked questions