Justice Minister Buschmann wants to reform maintenance law. Among other things, the parent who does not mainly look after a child but looks after it from time to time should be relieved. The details are still unclear, but there are doubts.
The Federal Minister of Justice considers the applicable maintenance law to be outdated – which is why Marco Buschmann has now issued the motto: “You have to do it.” Get to the very traditional ideas that have been the basis of maintenance law so far: namely that after a separation, one person – usually the woman – takes care of the children. And someone else – usually the man – pays alimony.
When it comes to maintenance itself, especially the asymmetrical alternating model, it has so far generally played little role whether one parent looks after the children one or three days a week. “Of course that’s unfair, that’s a pity, it doesn’t provide any incentive to take care of the children on an equal footing, although many do,” says Buschmann.
The Federal Minister of Justice would like to motivate fathers after a separation to become more involved in looking after the children. So: Those who take care of a lot should have to pay less maintenance. Buschmann’s reading: That also helps the mothers – they can, he says, for example, work more.
“The poverty trap lurks everywhere”
The German social association (SovD) initially speaks of a good idea. However, one also wants to wait and see what the details look like: after all, the subtleties are not yet known. But, warns press spokesman Peter-Michael Zernechel: “This must not be to the detriment of the mothers, who mainly look after the children, and above all must not scratch the children’s subsistence level, because the poverty trap is lurking everywhere.”
The social association spokesman points to another problem: around 800,000 children in Germany do not receive child support, although they are entitled to it. Here the state often jumps in with an advance on maintenance payments, while the fathers – and mostly fathers – pinch. “47 percent of all children who are separated receive no maintenance, and the state has to ensure that this is collected,” says Zernechel.
Doubts about Buschmann’s idea
The cornerstones are not yet known, let alone a reform in sight. Heidi Thiemann from the everyday heroes: inside foundation, which advocates for the rights of single parents, is still alarmed. She fears that the reform will come at the expense of single mothers and their children. “We don’t think that’s fair at all, every second child in a single-parent family is already affected by poverty, and if even less maintenance comes in, it’s really very unfair for the children,” she says.
Thiemann calls Buschmann’s idea that women have more time for the labor market to take on high-paying jobs there if ex-partners take more care of their children, outside of reality. And she points out that the FDP, Buschmann’s party, is currently blocking basic child security in the cabinet. Her conclusion: “We have the impression that Mr. Buschmann has forgotten the children.”
The Minister of Justice will not be able to initiate the reform alone. As a precaution, however, he has already announced that he does not want to rush anything.