Maintenance counted as income by the Jobcenter: when it is wrongly offset

The Jobcenter has offset the maintenance you receive for your child against your Bürgergeld — and suddenly several hundred euros are missing every month? Or it is offsetting maintenance that never flowed at all? Both are often unlawful. Child support (Kindesunterhalt) belongs to the child, not to the parent looking after it. And the Jobcenter may only take income into account if it actually lands in the account. Here you can read when the offsetting is correct, when it is not, and how to push back.

The essentials in 30 seconds

  • Maintenance (Unterhalt) is in principle income under § 11 Abs. 1 SGB II — but only for the person who is actually the recipient.
  • Child support (Kindesunterhalt) is income of the child, not of the parent looking after it. It first covers the child's need.
  • Separation maintenance (Trennungsunterhalt) and post-marital maintenance are income of the recipient — i.e. the divorced or separated partner.
  • No inflow, no offsetting: if the maintenance debtor does not pay, the Jobcenter may not offset anything either.
  • Maintenance advance (Unterhaltsvorschuss) under the UhVorschG is income of the child, not of the parent.
  • Objection deadline: one month from receipt of the decision (§ 84 SGG).

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Why does this happen?

For many single parents on Bürgergeld, maintenance is the second main pillar. And it is precisely at this interface that the Jobcenter systematically makes mistakes. The reason: § 11 SGB II — the central provision on income offsetting — simply says that "monetary income" is to be offset. The case worker sees 280 € of maintenance on the bank statement, deducts it from the need — and that is that. The fact that child support is legally allocated to the child and only reduces the child's need is often lost in the process.

Example: Frau Kowalski, single parent, two children (5 and 9 years old). The father pays 280 € of child support for the nine-year-old directly into the mother's account. The Jobcenter offsets these 280 € against her need and cuts her Bürgergeld accordingly. That is wrong. The 280 € are income of the child and first cover its standard need (Regelbedarf) plus the per-capita share of housing costs — together usually well above 600 €. Nothing is left over that could be offset against the mother.

The second typical mistake runs the other way around: the Jobcenter assumes maintenance that never arrives. The father has not paid for months. Nevertheless the decision shows 280 € as "income from maintenance". This is a fiction — and that is unlawful under SGB II. Only what actually flows in may be offset.

Your rights in concrete terms

  1. Maintenance is income of the recipient (§ 11 Abs. 1 SGB II). And the recipient of child support is — legally — the child. Even if the payment goes to the account of the parent looking after the child, the maintenance first covers the child's need (standard need plus per-capita share of rent and heating). Only a remaining surplus can be passed on within the household community (Bedarfsgemeinschaft, BG) (all persons in one household whose income is offset jointly).

  2. Separation maintenance and post-marital maintenance belong to the recipient. These types of maintenance under the BGB are income of the separated or divorced wife or husband — i.e. they are to be offset against the adult partner, not against the child. Here the classification is usually undisputed.

  3. No actual inflow, no offsetting. § 11 SGB II requires that income actually flows in. If the maintenance debtor does not pay, nothing is to be offset — even if a maintenance title or a youth-welfare-office instrument exists. The inflow doctrine (Zuflusstheorie) of the Federal Social Court (BSG) is unambiguous here.

  4. Maintenance advance is the child's income (§ 7 UhVorschG). If the maintenance debtor does not pay, the state steps in with maintenance advance (Unterhaltsvorschuss). This benefit is income of the child — it covers the child's need. It must not appear as income of the parent looking after the child. In 2025, the maintenance advance is between 230 € and 349 € per month depending on age.

  5. Insurance flat rate of 30 € per month. For maintenance income that is allocated to the child, an insurance flat rate under § 6 Bürgergeld-V may, in some cases, be deducted if the child has its own insurance (school accident, liability). Check the deduction.

  6. Right of objection within one month. The decision becomes legally binding once the objection deadline has passed. Until then you can file an objection (Widerspruch) free of charge (§ 84 SGG). If the deadline has been missed, an application for review under § 44 SGB X may apply — retroactive for up to one year, in certain case groups longer.

  7. Access to your file at any time (§ 25 SGB X). You may see the basis of the calculation and check which maintenance amount the Jobcenter has assumed and to whom it allocates it.

Current case law

The BSG has repeatedly clarified that what matters under SGB II is the actual inflow. Income is only what the entitled person actually receives in hand. Offsetting fictitious payments — on the lines of "the father should have paid" — breaches the principle of the inflow doctrine and is unlawful. [URTEIL-REFERENZ]

Equally settled: child support is income of the child and first covers its need. The social courts follow this allocation consistently and regularly correct corresponding Jobcenter decisions. [URTEIL-REFERENZ]

On the question of how maintenance advance under the UhVorschG is to be treated, the line is also clear: it is income of the child, not of the parent. The maintenance advance economically takes the place of the missing child support and shares its legal allocation. [URTEIL-REFERENZ]

The practical consequences are considerable: anyone who relies on this case law and presents their case cleanly has, according to the experience of many social counselling centres, above-average chances in the objection procedure. The calculation errors are usually obvious once you see them.

How to proceed now

  1. Open the decision and search. Flip to the calculation sheet. Find the line "maintenance" or "other income". Does the amount appear under you as parent — or under the child? That is the first alarm signal. Child support must appear under the child.

  2. Reconcile actual inflows. Pull out your bank statements for the last three to six months. Note which maintenance payments actually arrived — and in what amount. Compare this with the amount the Jobcenter is using. Deviation upwards? Ground for objection.

  3. Calculate the child's need. Standard need 2025 by age: 0–5 years 357 €, 6–13 years 390 €, 14–17 years 471 €. Plus per-capita share of cold rent and heating (total rent divided by persons in the household). Result: almost always well above the maintenance amount — then nothing remains to be offset against you.

  4. File an objection — in time, in writing. Within one month of receiving the decision. An informal letter is enough. Standard formula: "I hereby object to the decision of [date], file no. [number]. Reasons to follow." By registered letter, fax with confirmation, or in person with date stamp.

  5. Submit reasons later. Lay out the chain of calculation: actual inflow, allocation to the child, child's need, no surplus. Refer to § 11 Abs. 1 SGB II and the inflow doctrine. For maintenance advance, additionally to § 7 UhVorschG.

  6. Attach evidence. Bank statements (amounts actually paid), maintenance title or youth-welfare-office instrument, for maintenance advance the decision of the maintenance-advance office. In case of payment default, also proof that you are caring for the child alone (registration certificate, school certificate).

  7. Check whether an emergency application is needed. If your money is being cut immediately and there is a threat of an existential gap, file in parallel with the social court an application for interim legal protection under § 86b SGG. This secures your ongoing payments until the objection decision.

Avoid typical mistakes

  • Child support is offset against the parent looking after the child. The classic. The payment goes into your account, so the Jobcenter — and often you yourself — assumes it is your income. Legally it is the child's income and first reduces the child's need. Always check: in which line does the maintenance appear in the decision?

  • Offsetting despite payment arrears. The father has not paid for months, but the decision still shows 280 €. The reasoning "he is the titled maintenance debtor" is not enough. Without actual inflow, no offsetting. Submit bank statements showing that the money did not arrive.

  • Fictitious offsetting ("should have paid"). Some Jobcenters try to rely on § 33 SGB II or § 12a SGB II to offset unpaid maintenance after all. Systematically this is unlawful. § 33 SGB II governs the transfer of claims — the Jobcenter retrieves the money from the father. But it does not replace the income offsetting against you.

  • Maintenance advance recorded twice. The maintenance advance is income of the child. If it nevertheless appears under the parent as "other benefit", there is a double entry or wrong allocation. Check the decision and, where appropriate, raise an objection.

Frequently asked questions

My child's father pays 280 € maintenance directly into my account. The Jobcenter deducts it from me. Is that correct?

Probably not. Child support is legally income of the child and first covers its need (standard need plus per-capita share of housing costs). The need of a nine-year-old in 2025 is, just for the standard need, 390 € — plus pro-rata rent you are almost always well above the maintenance amount. Then nothing remains to be offset against you. File an objection.

The maintenance debtor is not paying. The Jobcenter still counts 280 €. What can I do?

File an objection. Under SGB II the inflow doctrine of the BSG applies: income is only what actually arrives in the account. No inflow, no offsetting — regardless of whether a title exists or whether the father would in theory be liable to pay. Attach bank statements showing the default and apply in parallel for maintenance advance at the youth welfare office.

Is maintenance advance my income or my child's?

The child's. The maintenance advance under the UhVorschG economically takes the place of child support and shares its legal allocation. It first covers the child's need. Only a possible surplus (rare in practice) flows into the household community. If the maintenance advance appears as your income, that is a clear ground for objection.

I receive separation maintenance from my separated husband. Is that income?

Yes. Separation maintenance and post-marital maintenance are, under § 11 Abs. 1 SGB II, income of the receiving person — that is, yours. This is legally undisputed. However, the 30 € insurance flat rate and, where appropriate, further necessary expenses must be deducted. Check these deductions in the decision.

Can I file an objection if the deadline has already expired?

In principle, no. But in cases of clear calculation errors, an application for review under § 44 SGB X applies. It is possible retroactively for up to one year, in certain case groups up to four years. The procedure is slower than an objection but can bring money back — especially in cases of permanently wrong maintenance offsetting, the review is worthwhile.

Now have your decision reviewed

If you suspect that your maintenance has been wrongly offset — against you instead of the child, despite payment default, or as a fictitious amount — every day counts. The one-month objection deadline runs from receipt of the decision. You do not have to fight your way through SGB II yourself.

We review your decision within 5 minutes. Free and non-binding.

Just upload the decision. We will tell you whether the maintenance offsetting is correct or whether an objection is worthwhile.

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