When does the parent’s maintenance obligation end? Many parents ask themselves this question, especially if their own financial security gets into trouble. Which laws and regulations now regulate the process of the maintenance obligation?
Basis for the maintenance obligation
This question will not only concern parents whose offspring are just finishing school, it will also move parents who are currently in a divorce or separation. In this situation there is a right to child support and when does the parent’s maintenance obligation end? For the care of underage children, it goes without saying that the parent with whom the child does not live is responsible for the maintenance. However, if the children are of age, the priorities have to be set differently. The children are generally entitled to maintenance until they reach the age of majority. But there are exceptions because the age of a child is not always the crucial detail.
Maintenance for "adults"
In general, parents also owe maintenance payments to their adult children until they complete vocational training. If the child studies after graduating from high school, the parents are obliged to support them until they have completed their studies. In German family law, the maintenance obligation was regulated by law, regardless of whether the parents are married or life partners.
Maintenance payments for apprentices and students
Paragraph 1610 (2) of the German Civil Code regulates the receipt of maintenance payments, taking into account the financial options in which the dependent parents live. It is important to know that the parents do not have to finance paid education or training at a private school for the adult child. The focus is on the financial status of the parents and the children cannot claim that the parents are in debt or take an economic risk.
Not only are apprentices financially secured until they complete their training, but students also have the same right, if it is your first degree. But the legislature still allowed the students to go through a certain phase of reorientation. In the first three semesters, the student can change subject without having forfeited his maintenance claim.
After completing their studies, the young academic has a period of three months in which to look for employment. During this time, the young person still receives maintenance from his parents, but after these three months the parents no longer owe maintenance. The parents also owe no maintenance for the period of their doctorate.
Special features that you should know
- Perquisites: Earn money during your apprenticeship, is that possible? Trainees can also earn something extra. But there are differences that should be noted. For example, apprentices must have their regular earnings offset against their parents’ maintenance obligations. If students do an occasional part-time job, these fees usually do not affect the maintenance claim. This income is usually tolerated. It is different, however, if the student would receive high income in his secondary job.
- Maintenance by divorced parents: Divorced parents should know and take into account that they are both subject to cash maintenance after their 18th birthday. This means, for example, that each parent has to pay for the offspring.
- Termination of teaching / studies: If the apprenticeship or study is terminated for no apparent reason and the child does not make an effort to achieve a degree, the parents should try to make the child’s situation clear in which the maintenance payments can be stopped. Often it is also necessary to transfer the clarification to a lawyer if the offspring is not trying to complete a teaching or degree.
Video: child support for adults – that’s what matters
When does the parent’s maintenance obligation end??
So only the first apprenticeship / study is supported by maintenance payments. After these degrees, the child’s entitlement to maintenance expires and they now have to take care of themselves.
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About the author
Since Maximilian on March 12, 2010 the light of the world seen, a lot has changed in my life. I like to share these experiences. As an editor in my daily work, as in my private environment.
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