No 156/2003
to the maintenance obligation of children to their parents
The others responsible for family matters XII. Civil Division of the Federal Court had to deal with another variant of the so-called parental maintenance (keyword: disguised son-liability).
The applicant takes the county defendant transferred rights to rest and nursing home costs for the parent to complete. The plaintiff believes the defendant to due to their part-time income (annual gross about 29,000 DM), its Natural maintenance claim against their vollschichtig professionals husband (annual gross income is approximately 117,000 DM) and taking account of housing benefit of the half of their joint property of both spouses standing family home for the her mother, a monthly subsistence pay of 580 DM. The spouses have a 1981-born son, the remaining pupils. For the home loans of about 1075 DM per month to pay off. The district court dismissed the complaint in part, the Court of Appeal in its entirety for lack of capacity of the defendant, because their own earnings to their solvency and increased retention of 2,250 DM does not get in and increase their income by the Natural claim for maintenance against her husband in an impermissible indirect "son-liability" lead.
The Senate set aside the contested ruling by the district in part. He has argued for the efficiency of a married debtor, who himself only have an income below the Deductible operative, is decisive is whether and to what extent if his income to cover the priority reasonable family maintenance is needed. The latter can not generally be set at the minimum deductibles of the debtor and his spouse. For the spouse standing outside the legal relationship of the maintenance debtor to his parents and was not legally obliged to restrict their favor in his life. What is required of the spouses for their family maintenance needs, but according to the relevant circumstances in individual cases, especially taking into account the position in life, income, assets and social rank are determined. The Senate has, however, the adoption of the Higher Regional Court, revenues in the order as they were by the defendant and her husband has been made for the financing were used to living, not approved. This assumption is not consistent with the fact that the savings rate in Germany, about 10% of disposable income is. Considering the fact can not be assumed without further a consumption of the total family income. Rather, the statement stressed for its limited performance benefits must if the family income for himself and his spouse, solvency and minimum retention rates of climb, submit, such as design, the family maintenance and would be used if and which amounts to wealth creation. As far as the income of spouses of capital formation means that they do not flow into the family upkeep. Asset-building measures of the debtor should be - if it's not about the funding adequate own home or within reasonable limits powered supplementary pensions - no impact to the detriment of a dependent parent. Depending on how the family support is to measure it, could be for the defendant, which had only this to contribute proportionally resulting obligation, with the remaining portion of their income parents is not to afford. Your reasonable personal use is secured by the family that is living. A son-liability be covered by unfounded because even the reasonable family maintenance of the spouse is not affected. The Court of Appeal will have to examine why, in what amount the family support of the defendant and her husband is being set.
Case of 17 December 2003 - XII ZR 224/00
Karlsruhe, 17 December 2003
press office of the Federal
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