Is it possible to transfer the child allowances to another person?
Under certain conditions, the child allowance and the care allowance (allowance for care, education or training; BEA allowance) can be fully transferred to one parent.
This mainly applies to parents who:
- are not married,
- are permanently separated, or
- are divorced.
A simple agreement between the parents is not sufficient. What matters is whether the legal requirements are met.
When is a transfer possible?
A transfer is particularly possible if:
- one parent pays less than 75% of the maintenance owed,
- one parent cannot provide maintenance for financial reasons,
- the minor child is registered with only one parent,
- one parent lives permanently abroad, or
- the whereabouts of one parent are unknown.
If the child allowance is transferred, the care allowance is automatically transferred to the other parent as well since 2021.
For minor children, the other parent can object to the transfer of the care allowance if they are significantly involved in care, education or training.
When is significant care provided?
According to case law, significant care is generally provided if the other parent's share of care is on average at least 10%.
Particular consideration is given to:
- frequency and duration of care,
- the child's age, and
- the distance between the parents' homes.
Examples
Case 1: A child lives exclusively with the mother. The father pays less than 75% of the maintenance.
The mother can apply for the full child allowance and the full care allowance.
Case 2: The father pays sufficient maintenance but hardly cares for the child.
If the child is registered exclusively with the mother, she can apply for the full care allowance.
Case 3: The father regularly participates in the child's care.
He can then object to the transfer of the care allowance.
Transfer to grandparents or stepparents
If children live with their grandparents or a stepparent, the child allowance and care allowance can also be transferred to these persons under certain conditions.
The main requirement is that:
- the child lives in their household, or
- they actually provide maintenance.
The parents' consent must be proven with Annex K.
