Jun
19
2021

The Senate

Then the Senate rightly points out, and puts into question whether the minor employment is sufficient or not, at least a half-layer activity of the mother of the child is possible. Nevertheless, it is clear that the child’s mother currently has with their pay from their minor employment no sufficient income. In the space is therefore, whether the mother of the child could obtain sufficient income and so efficient. The performance based only the taking of fictitious income, sufficient to affirm a maintenance claim. Based on a maintenance title against her mother could be so successfully by the children. Get more background information with materials from Kirkland. But the fact is that there is no basis to undertake the caring mother of the child, so that it has sufficient or more income, to meet the bar maintenance claim of their children to access of a larger activity. Also not set apart has teamed up with the principle of equivalence between bar and service maintenance of the Senate at the point, because the mother of the child is generally sufficient their maintenance obligation towards their children, by she looked after them.

Care and maintenance of the bar are owed up to the age of 18 years. Differentiations in the related maintenance as in the spousal support, especially in 1570 BGB, be that a claim can be omitted of the mother of the child against the father of the child and divorced spouses on care maintenance, if the third child has reached the age, do not exist. The Senate would have these reasons m.E. also with assessing a claim for payment of children against their grandfather according 1607 par. 2 S. 1 BGB must grapple.

1607 Par. 2 S. regulates 1 BGB the liability case, so that there are problems, the maintenance claim against the primary debtor that is to enforce the child’s mother here in Germany.

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