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Anwalt München » Änderungen » 2010 » Die neue Düsseldorfer Tabelle gültig ab 01.01.2010 – Wortlaut und Download

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Die neue Düsseldorfer Tabelle gültig ab 01.01.2010 – Wortlaut und Download

Das Oberlandesgericht Düsseldorf hat, bedingt durch die ab 01.01.2010 in Kraft getretenen gesetzlichen Änderungen, die Düsseldorfer Tabelle mit Wirkung ab 01.01.2010 der aktuellen Gesetzeslage angepasst und am 06.01.2010 um 10 Uhr vorgestellt und veröffentlicht. Die neue Tabelle ist im Wortlaut nachfolgend wiedergegeben und steht im Servicebereich nebst älterer Versionen zum download als PDF zur Verfügung.

Die Tabelle im Wortlaut:

Stand: 1.1.2010

DÜSSELDORFER TABELLE 1

_________________________

1 Die neue Tabelle nebst Anmerkungen beruht auf Koordinierungsgesprächen, die unter Beteiligung aller Oberlandesgerichte und der Unterhaltskommission des Deutschen Familiengerichtstages e.V. stattgefunden haben.

A. Kindesunterhalt

Nettoeinkommen des Barunterhaltspflichtigen (Anm. 3, 4)

Altersstufen in Jahren  (§ 1612 a Abs. 1 BGB)

Prozent satz Bedarfskontroll betrag (Anm. 6)
0 – 5 6 – 11 12 – 17 ab 18
Alle Beträge in Euro
1. bis 1.500 317 364 426 488 100 770/900
2. 1.501 -1.900 333 383 448 513 105 1.000
3. 1.901 -2.300 349 401 469 537 110 1.100
4. 2.301 -2.700 365 419 490 562 115 1.200
5. 2.701 -3.100 381 437 512 586 120 1.300
6. 3.101 -3.500 406 466 546 625 128 1.400
7. 3.501 -3.900 432 496 580 664 136 1.500
8. 3.901 -4.300 457 525 614 703 144 1.600
9. 4.301 -4.700 482 554 648 742 152 1.700
10. 4.701 -5.100 508 583 682 781 160 1.800
ab 5.101 nach den Umständen des Falles

Anmerkungen:

1. Die Tabelle hat keine Gesetzeskraft, sondern stellt eine Richtlinie dar. Sie weist den monatlichen Unterhaltsbedarf aus, bezogen auf zwei Unterhaltsberechtigte, ohne Rücksicht auf den Rang. Der Bedarf ist nicht identisch mit dem Zahlbetrag; dieser ergibt sich unter Berücksichtigung der nachfolgenden Anmerkungen.

Bei einer größeren/ geringeren Anzahl Unterhaltsberechtigter können Ab-oder Zuschläge durch Einstufung in niedrigere/höhere Gruppen angemessen sein. Anmerkung 6 ist zu beachten. Zur Deckung des notwendigen Mindestbedarfs aller Beteiligten – einschließlich des Ehegatten – ist gegebenenfalls eine Herabstufung bis in die unterste Tabellengruppe vorzunehmen. Reicht das verfügbare Einkommen auch dann nicht aus, setzt sich der Vorrang der Kinder im Sinne von Anm. 5 Abs. 1 durch. Gegebenenfalls erfolgt zwischen den erstrangigen Unterhaltsberechtigten eine Mangelberechnung nach Abschnitt C.

2. Die Richtsätze der 1. Einkommensgruppe entsprechen dem Mindestbedarf in Euro gemäß § 1612 a BGB. Der Prozentsatz drückt die Steigerung des Richtsatzes der jeweiligen Einkommensgruppe gegenüber dem Mindestbedarf (= 1. Einkommensgruppe) aus. Die durch Multiplikation des gerundeten Mindestbedarfs mit dem Prozentsatz errechneten Beträge sind entsprechend § 1612 a Abs. 2 S. 2 BGB aufgerundet.

3. Berufsbedingte Aufwendungen, die sich von den privaten Lebenshaltungskosten nach objektiven Merkmalen eindeutig abgrenzen lassen, sind vom Einkommen abzuziehen, wobei bei entsprechenden Anhaltspunkten eine Pauschale von 5 % des Nettoeinkommens -mindestens 50 EUR, bei geringfügiger Teilzeitarbeit auch weniger, und höchstens 150 EUR monatlich -geschätzt werden kann. Übersteigen die berufsbedingten Aufwendungen die Pauschale, sind sie insgesamt nachzuweisen.

4. Berücksichtigungsfähige Schulden sind in der Regel vom Einkommen abzuziehen.

5. Der notwendige Eigenbedarf (Selbstbehalt)

-gegenüber minderjährigen unverheirateten Kindern,

-gegenüber volljährigen unverheirateten Kindern bis zur Vollendung des 21. Lebensjahres, die im Haushalt der Eltern oder eines Elternteils leben und sich in der allgemeinen Schulausbildung befinden,

beträgt beim nicht erwerbstätigen Unterhaltspflichtigen monatlich 770 EUR, beim erwerbstätigen Unterhaltspflichtigen monatlich 900 EUR. Hierin sind bis 360 EUR für Unterkunft einschließlich umlagefähiger Nebenkosten und Heizung (Warmmiete) enthalten. Der Selbstbehalt kann angemessen erhöht werden, wenn dieser Betrag im Einzelfall erheblich überschritten wird und dies nicht vermeidbar ist.

Der angemessene Eigenbedarf, insbesondere gegenüber anderen volljährigen Kindern, beträgt in der Regel mindestens monatlich 1.100 EUR. Darin ist eine Warmmiete bis 450 EUR enthalten.

6. Der Bedarfskontrollbetrag des Unterhaltspflichtigen ab Gruppe 2 ist nicht identisch mit dem Eigenbedarf. Er soll eine ausgewogene Verteilung des Einkommens zwischen dem Unterhaltspflichtigen und den unterhaltsberechtigten Kindern gewährleisten. Wird er unter Berücksichtigung anderer Unterhaltspflichten unterschritten, ist der Tabellenbetrag der nächst niedrigeren Gruppe, deren Bedarfskontrollbetrag nicht unterschritten wird, anzusetzen.

7. Bei volljährigen Kindern, die noch im Haushalt der Eltern oder eines Elternteils wohnen, bemisst sich der Unterhalt nach der 4. Altersstufe der Tabelle.

Der angemessene Gesamtunterhaltsbedarf eines Studierenden, der nicht bei seinen Eltern oder einem Elternteil wohnt, beträgt in der Regel monatlich 640 EUR. Hierin sind bis 270 EUR für Unterkunft einschließlich umlagefähiger Nebenkosten und Heizung (Warmmiete) enthalten. Dieser Bedarfssatz kann auch für ein Kind mit eigenem Haushalt angesetzt werden.

8. Die Ausbildungsvergütung eines in der Berufsausbildung stehenden Kindes, das im Haushalt der Eltern oder eines Elternteils wohnt, ist vor ihrer Anrechnung in der Regel um einen ausbildungsbedingten Mehrbedarf von monatlich 90 EUR zu kürzen.

9. In den Bedarfsbeträgen (Anmerkungen 1 und 7) sind Beiträge zur Kranken-und Pflegeversicherung sowie Studiengebühren nicht enthalten.

10. Das auf das jeweilige Kind entfallende Kindergeld ist nach § 1612 b BGB auf den Tabellenunterhalt (Bedarf) anzurechnen.

B. Ehegattenunterhalt

I. Monatliche Unterhaltsrichtsätze des berechtigten Ehegatten ohne unterhaltsberechtigte Kinder (§§ 1361, 1569, 1578, 1581 BGB):


1. gegen einen erwerbstätigen Unterhaltspflichtigen:

a) wenn der Berechtigte kein Einkommen hat: 3/7 des anrechenbaren Erwerbseinkommens zuzüglich 1/2 der anrechenbaren sonstigen Einkünfte des Pflichtigen, nach oben begrenzt durch den vollen Unterhalt, gemessen an den zu berücksichtigenden ehelichen Verhältnissen;
b) wenn der Berechtigte ebenfalls Einkommen  hat: 3/7 der Differenz zwischen den anrechenbaren Erwerbseinkommen der Ehegatten, insgesamt begrenzt durch den vollen ehelichen Bedarf; für sonstige anrechenbare Einkünfte gilt der Halbteilungsgrundsatz;
c) wenn der Berechtigte erwerbstätig ist, obwohl ihn keine Erwerbsobliegenheit trifft: gemäß § 1577 Abs. 2 BGB;
2. gegen einen nicht erwerbstätigen Unterhalts- pflichtigen (z. B. Rentner): wie zu 1 a, b oder c, jedoch 50 %.

II. Fortgeltung früheren Rechts:

1. Monatliche Unterhaltsrichtsätze des nach dem Ehegesetz berechtigten Ehegatten ohne unterhaltsberechtigte Kinder:

a) §§ 58, 59 EheG: in der Regel wie I,

b) § 60 EheG: in der Regel 1/2 des Unterhalts zu I,

c) § 61 EheG: nach Billigkeit bis zu den Sätzen I.

2. Bei Ehegatten, die vor dem 03.10.1990 in der früheren DDR geschieden worden sind, ist das DDRFGB in Verbindung mit dem Einigungsvertrag zu berücksichtigen (Art. 234 § 5 EGBGB).

III. Monatliche Unterhaltsrichtsätze des berechtigten Ehegatten, wenn die ehelichen Lebensverhältnisse durch Unterhaltspflichten gegenüber Kindern geprägt werden:

Wie zu I bzw. II 1, jedoch wird grundsätzlich der Kindesunterhalt (Zahlbetrag; vgl. Anm. C und Anhang)

vorab vom Nettoeinkommen abgezogen.

IV. Monatlicher Eigenbedarf (Selbstbehalt) gegenüber dem getrennt lebenden und dem geschiedenen Berechtigten:

unabhängig davon, ob erwerbstätig oder nicht erwerbstätig 1.000 EUR

V. Existenzminimum des unterhaltsberechtigten Ehegatten einschließlich des trennungsbedingten Mehrbedarfs in der Regel:

1. falls erwerbstätig: 900 EUR
2. falls nicht erwerbstätig: 770 EUR

VI. Monatlicher notwendiger Eigenbedarf des Ehegatten, der in einem gemeinsamen Haushalt mit dem Unterhaltspflichtigen lebt, gegenüber nicht privilegierten volljährigen Kindern oder nachrangigen (geschiedenen) Ehegatten:

unabhängig davon, ob erwerbstätig oder nicht erwerbstätig: 800 EUR

Anmerkung zu I-III:

Hinsichtlich berufsbedingter Aufwendungen und berücksichtigungsfähiger Schulden gelten Anmerkungen A. 3 und 4 -auch für den erwerbstätigen Unterhaltsberechtigten -entsprechend. Diejenigen berufsbedingten Aufwendungen, die sich nicht nach objektiven Merkmalen eindeutig von den privaten Lebenshaltungskosten abgrenzen lassen, sind pauschal im Erwerbstätigenbonus von 1/7 enthalten.

C. Mangelfälle

Reicht das Einkommen zur Deckung des Bedarfs des Unterhaltspflichtigen und der gleichrangigen Unterhaltsberechtigten nicht aus (sog. Mangelfälle), ist die nach Abzug des notwendigen Eigenbedarfs (Selbstbehalts) des Unterhaltspflichtigen verbleibende Verteilungsmasse auf die Unterhaltsberechtigten im Verhältnis ihrer jeweiligen Einsatzbeträge gleichmäßig zu verteilen.

Der Einsatzbetrag für den Kindesunterhalt entspricht dem Zahlbetrag des Unterhaltspflichtigen. Dies ist der nach Anrechnung des Kindergeldes oder von Einkünften auf den Unterhaltsbedarf verbleibende Restbedarf.

Beispiel: Bereinigtes Nettoeinkommen des Unterhaltspflichtigen (M): 1.300 EUR. Unterhalt für drei unterhaltsberechtigte Kinder im Alter von 18 Jahren (K1), 7 Jahren (K2) und 5 Jahren (K3), Schüler, die bei der nicht unterhaltsberechtigten, den Kindern nicht barunterhaltspflichtigen Ehefrau und Mutter (F) leben. F bezieht das Kinder-geld.

Notwendiger Eigenbedarf des M: 900 EUR

Verteilungsmasse: 1.300 EUR -900 EUR = 400 EUR

Summe der Einsatzbeträge der Unterhaltsberechtigten:

304EUR(488–184)(K1)+272EUR(364–92)(K2)+222EUR(317–95)(K3)= 798 EUR

Unterhalt:

K 1: 304 x 400 : 798 = 152,38 EUR

K 2: 272 x 400 : 798 = 136,34 EUR

K 3. 222 x 400 : 798 = 111,28 EUR

D. Verwandtenunterhalt und Unterhalt nach § 1615 l BGB

I. Angemessener Selbstbehalt gegenüber den Eltern: mindestens monatlich 1.400 EUR (einschließlich 450 EUR Warmmiete) zuzüglich der Hälfte des darüber hinausgehenden Einkommens. Der angemessene Unterhalt des mit dem Unterhaltspflichtigen zusammenlebenden Ehegatten bemisst sich nach den ehelichen Lebensverhältnissen (Halbteilungsgrundsatz), beträgt jedoch mindestens 1.050 EUR (einschließlich 350 EUR Warmmiete).

II. Bedarf der Mutter und des Vaters eines nichtehelichen Kindes (§ 1615 l BGB): nach der Lebensstellung des

betreuenden Elternteils, in der Regel mindestens 770 EUR. Angemessener Selbstbehalt gegenüber der Mutter und dem Vater eines nichtehelichen Kindes (§§ 1615 l, 1603 Abs. 1 BGB): unabhängig davon, ob erwerbstätig oder nicht erwerbstätig: 1.000 EUR.

E. Übergangsregelung

Umrechnung dynamischer Titel über Kindesunterhalt nach § 36 Nr. 3 EGZPO: Ist Kindesunterhalt als Prozentsatz des jeweiligen Regelbetrages zu leisten, bleibt der Titel bestehen. Eine Abänderung ist nicht erforderlich. An die Stelle des bisherigen Prozentsatzes vom Regelbetrag tritt ein neuer Prozentsatz vom Mindestunterhalt (Stand: 01.01.2008). Dieser ist für die jeweils maßgebliche Altersstufe gesondert zu bestimmen und auf eine Stelle nach dem Komma zu begrenzen (§ 36 Nr. 3 EGZPO). Der Bedarf ergibt sich aus der Multiplikation des neuen Prozentsatzes mit dem Mindestunterhalt der jeweiligen Altersstufe und ist auf volle Euro aufzurunden (§ 1612a Abs. 2 S. 2 BGB). Der Zahlbetrag ergibt sich aus dem um das jeweils anteilige Kindergeld verminderten bzw. erhöhten Bedarf.

Es sind vier Fallgestaltungen zu unterscheiden:

1. Der Titel sieht die Anrechnung des hälftigen Kindergeldes (für das 1. bis 3. Kind 77 EUR, ab dem 4. Kind 89,50 EUR) oder eine teilweise Anrechnung des Kindergeldes vor (§ 36 Nr. 3 a EGZPO).



(Bisheriger Zahlbetrag + 1/2 Kindergeld) x 100
———————————————————————– = Prozentsatz neu
Mindestunterhalt der jeweiligen Altersstufe

Beispiel für 1. Altersstufe

(196 EUR + 77 EUR) x 100
———————————————— = 97,8 % 279 EUR x 97,8% = 272,86 EUR, aufgerundet 273 EUR
279 EUR

Zahlbetrag: 273 EUR ./. 77 EUR = 196 EUR

2. Der Titel sieht die Hinzurechnung des hälftigen Kindergeldes vor (§ 36 Nr. 3 b EGZPO).

(Bisheriger Zahlbetrag – 1/2 Kindergeld) x 100
———————————————————————- = Prozentsatz neu
Mindestunterhalt der jeweiligen Altersstufe


Beispiel für 1. Altersstufe

(273 EUR -77 EUR) x 100
——————————————- = 70,2 % 279 EUR x 70,2 % = 195,85 EUR, aufgerundet 196 EUR
279 EUR

Zahlbetrag: 196 EUR + 77 EUR = 273 EUR

3. Der Titel sieht die Anrechnung des vollen Kindergeldes vor (§ 36 Nr. 3 c EGZPO).


(Zahlbetrag + 1/1 Kindergeld) x 100
—————————————————————— = Prozentsatz neu
Mindestunterhalt der jeweiligen Altersstufe
Beispiel für 2. Altersstufe
(177 EUR + 154 EUR) x 100
————————————————- = 102,7 % 322 EUR x 102,7 % = 330,69 EUR, aufgerundet 331 EUR
322 EUR
Zahlbetrag: 331 EUR ./. 154 EUR = 177 EUR

4. Der Titel sieht weder eine Anrechnung noch eine Hinzurechnung des Kindergeldes vor (§ 36 Nr. 3 d EGZPO).


(Zahlbetrag + 1/2 Kindergeld) x 100
——————————————————————– = Prozentsatz neu
Mindestunterhalt der jeweiligen Altersstufe

Beispiel für 3. Altersstufe

(329 EUR +77 EUR) x 100
——————————————- = 111,2 % 365 EUR x 111,2 % = 405,88 EUR, aufgerundet 406 EUR
365 EUR

Zahlbetrag: 406 EUR ./. 77 EUR = 329 EUR

Anhang: Tabelle Zahlbeträge

Die folgenden Tabellen enthalten die sich nach Abzug des jeweiligen Kindergeldanteils (hälftiges Kindergeld bei Minderjährigen, volles Kindergeld bei Volljährigen) ergebenden Zahlbeträge. Für das 1. und 2. Kind beträgt das Kindergeld derzeit 184 EUR, für das 3. Kind 190 EUR, ab dem 4. Kind 215 EUR.

1. und 2. Kind 0 – 5 6 – 11 12 -17 ab 18 %
1. bis 1.500 225 272 334 304 100
2. 1.501 -1.900 241 291 356 329 105
3. 1.901 -2.300 257 309 377 353 110
4. 2.301 -2.700 273 327 398 378 115
5. 2.701 -3.100 289 345 420 402 120
6. 3.101 -3.500 314 374 454 441 128
7. 3.501 -3.900 340 404 488 480 136
8. 3.901 -4.300 365 433 522 519 144
9. 4.301 -4.700 390 462 556 558 152
10. 4.701 -5.100 416 491 590 597 160
3. Kind 0 – 5 6 – 11 12 -17 ab 18 %
1. bis 1.500 222 269 331 298 100
2. 1.501 -1.900 238 288 353 323 105
3. 1.901 -2.300 254 306 374 347 110
4. 2.301 -2.700 270 324 395 372 115
5. 2.701 -3.100 286 342 417 396 120
6. 3.101 -3.500 311 371 451 435 128
7. 3.501 -3.900 337 401 485 474 136
8. 3.901 -4.300 362 430 519 513 144
9. 4.301 -4.700 387 459 553 552 152
10. 4.701 -5.100 413 488 587 591 160
Ab 4. Kind 0 – 5 6 – 11 12 -17 ab 18 %
1. bis 1.500 209,50 256,50 318,50 273 100
2. 1.501 -1.900 225,50 275,50 340,50 298 105
3. 1.901 -2.300 241,50 293,50 361,50 322 110
4. 2.301 -2.700 257,50 311,50 382,50 347 115
5. 2.701 -3.100 273,50 329,50 404,50 371 120
6. 3.101 -3.500 298,50 358,50 438,50 410 128
7. 3.501 -3.900 324,50 388,50 472,50 449 136
8. 3.901 -4.300 349,50 417,50 506,50 488 144
9. 4.301 -4.700 374,50 446,50 540,50 527 152
10. 4.701 -5.100 400,50 475,50 574,50 566 160

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    Between me and my husband we’ve owned more MP3 players over the years than I can count, including Sansas, iRivers, iPods (classic & touch), the Ibiza Rhapsody, etc. But, the last few years I’ve settled down to one line of players. Why? Because I was happy to discover how well-designed and fun to use the underappreciated (and widely mocked) Zunes are.

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    I’ll gear this review to 2 types of people: current Zune owners who are considering an upgrade, and people trying to decide between a Zune and an iPod. (There are other players worth considering out there, like the Sony Walkman X, but I hope this gives you enough info to make an informed decision of the Zune vs players other than the iPod line as well.)

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    Between me and my husband we’ve owned more MP3 players over the years than I can count, including Sansas, iRivers, iPods (classic & touch), the Ibiza Rhapsody, etc. But, the last few years I’ve settled down to one line of players. Why? Because I was happy to discover how well-designed and fun to use the underappreciated (and widely mocked) Zunes are.

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    This is getting a bit more subjective, but I much prefer the Zune Marketplace. The interface is colorful, has more flair, and some cool features like ‘Mixview’ that let you quickly see related albums, songs, or other users related to what you’re listening to. Clicking on one of those will center on that item, and another set of “neighbors” will come into view, allowing you to navigate around exploring by similar artists, songs, or users. Speaking of users, the Zune “Social” is also great fun, letting you find others with shared tastes and becoming friends with them. You then can listen to a playlist created based on an amalgamation of what all your friends are listening to, which is also enjoyable. Those concerned with privacy will be relieved to know you can prevent the public from seeing your personal listening habits if you so choose.

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