Dawr> kammergericht berlin: child benefit goes to mother for continuity reasons

With the switch model, only one of the custodians receives child benefit

(Kammergericht Berlin, decision of 26.08.2019, Az. 13 WF 69/19)

If a child is cared for in the changing model, the child benefit is still only paid to one parent. A current judgment shows that it is not decisive who bears the hoarding costs.

Who receives child benefit if the child lives alternately with both parents? In a recent case from Berlin, the Higher Regional Court (AZ 13 WF 69/19) decided on the father’s complaint that the payment would continue to go to the mother as before.

Dispute over eligibility for child benefit

The father wanted the child benefit to be paid to him in the future. He justified the demand with the fact that he already provides the main part of the care by paying the day care costs.

Child benefit goes to mother for continuity reasons

Because the father and mother equally credibly insured the use of the money for the child’s welfare, the judges saw no reason to pay the benefit to the father in the future. They based their statement on the continuity: after all, the mother has had child benefit since birth based. That the father paid for the after-school care was not an argument, because, unlike child benefit, this was the subject of maintenance rights.

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