Parents are liable for adult children

family law

Summary: On the obligation of parents to maintain adult children of working age.

This answer is from 01.10.2014 and may be out of date. Now ask your current question and get a legally binding answer from a lawyer.

Dear questioner,

Based on the information provided, I would like to answer your request as follows:

1.
According to Section 1610 Paragraph 2 of the German Civil Code, the obligation of a parent to maintain a child covers the entire life requirement, including the costs of adequate prior education.

I assume that the adoptive son in question has vocational training.

2.
The adoptive son then has to pay for his own living.

A healthy adult must always take advantage of every job and also take on non-professional activities and work (BGH FamRZ 1987,930, constant case law).
If the adult does not meet a reasonable obligation to work, his or her need in the amount of the achievable earned income is eliminated.

Apart from that, your son would be entitled to unemployment benefit II (Hartz IV) including contributions to statutory health insurance.

In my opinion, you don’t have to worry about having to pay for hospital and surgery costs.

3.
Disinheritance is readily possible according to § 1938 BGB by testament.

"The testator can testify a relative. exclude from the legal succession. "

The problem is that children are entitled to a mandatory share in the event of disinheritance (§ 2303 BGB). The compulsory portion consists of half of the statutory inheritance portion.

The mandatory part can be withdrawn from a child according to § 2333 BGB only under very special conditions if the child

– the testator .. seeks life;
– is guilty of a crime or a serious willful misconduct against the testator ..;
– maliciously violates the testator’s maintenance obligation to the testator;
-is legally sentenced to imprisonment of at least one year without probation for an intentional criminal offense.

I cannot find any reasons for withdrawing the compulsory portion from your information. A break in contact is not enough.

I hope I have answered your question clearly and thank you for the trust you have placed in me. If anything is unclear, you can use the free demand function.

Sincerely yours

Thank you for your reply. Our adoptive son has no completed vocational training (2 discontinued apprenticeships due to loafing and lack of interest). He has been refusing to go to the employment office or ARGE for over 10 years. As a result, he is not personally insured through his own fault. Who gets the money from the hospital in an emergency??

Dear questioner,

I respond to your request as follows:

Even if your adoptive son does not have completed vocational training because he canceled two apprenticeships because of loafing and lack of interest, his maintenance claim against the parents has lapsed.

You are also NOT liable for any hospital costs.

If your son is treated in a hospital because of an emergency, the hospital could apply to the social welfare institution to cover the costs in accordance with Section 121 BSHG.

However, you as parents would NOT have to pay.

Of course, it cannot be ruled out that in such a case a hospital or social welfare provider may request payment from you as parents. However, you should not comply with such a request, but rather consult a lawyer.

Sincerely yours
Moosmann lawyer

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