Maintenance for relatives – child, parents, grandparents

Maintenance for relatives - child, parents, grandparents

Relatives maintenance – I have to maintain my relatives ?

"Relatives in a straight line are obliged to support each other", it is quite succinct in the law.

Here one understands "related in a straight line" those people, one descended from the other.

Accordingly, parents are obliged to support their children and possibly even their grandchildren (please refer to the following sections).

It also follows that there are no maintenance obligations between siblings, between step-parents and stepchildren and between parents-in-law and children-in-law.

But – and this also follows from the law – maintenance is not "one way street": Rather, it can happen that children can be obliged to support their parents and, in special cases, even their grandparents.

If you now say to yourself that my parents will certainly not demand maintenance from me as a son or daughter, they are (unfortunately) only partially right, as the following example shows:

The 80-year-old M has to be placed in a nursing home after a stroke. Your pension and long-term care benefits are not sufficient to cover the cost of home care (often more than € 3000 to € 4000 per month). The social welfare office "jumps in" and pays as part of social assistance ("Help in special situations") the missing part of the accommodation costs.

Subsequently, the social welfare office can make the M’s existing maintenance claim against her son S "transfer to yourself". This means that the social welfare office asserts the mother’s right to maintenance against her son in her own name and asks the son to repay the amounts paid as part of social welfare.

This case constellation, which is quite common in practice, has led to the fact that the middle-aged age group already has a "Sandwich Generation" speaks:

They have to provide maintenance for their minors and partly also for their adult children (please see the following sections).

They are exposed to maintenance claims from their parents, which the social welfare office has transferred to themselves.

You have to pay increased pension contributions for today’s pensioner generation and you have rather uncertain prospects for a pension that corresponds to today’s level.

A certain relief for those from "Parents Maintenance" affected sons and daughters result from the following:

Since 01.01.2003, people over the age of 65 and younger, who are fully disabled, can instead of social welfare benefits under the "Basic security law" desire. Maintenance claims against the children are disregarded as long as they earn less than € 100,000 a year. Different from the "real" The child’s right to maintenance cannot be transferred to social assistance.
But: Inpatient accommodation in a nursing home is provided by the "basic security" not paid. Here, the person in need of care remains dependent on social assistance and the social welfare office can reclaim the missing costs from the children.

According to the version of the "Dusseldorf table" is the child’s dependent on their net income "beforehand" a so-called "reasonable deductible" of at least € 1,400 each. A maximum of 50% of the additional amounts can be claimed as maintenance for the parents.

If the social welfare office asserts such transferred claims for parental support, advice from a lawyer is strongly recommended.

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Christina Cherry
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