Decision of the Federal Court of Justice (BGH) of October 23, 2024 – Case No. XII ZB 6/24
At what income levels are children obliged to provide financial support to their parents, and what is their minimum exemption? After the Higher Regional Court (OLG) Düsseldorf ruled on December 4, 2023 (Case No.: 3 UF 78/23) that the minimum exemption for a single child is €5,000 and €9,000 for married children, the Federal Court of Justice overturned this decision on October 23, 2024 (Case No.: XII ZB 6/24).
Not only do children have maintenance claims against their parents, but financially capable children can also be obligated to provide maintenance payments to their parents. The dispute often revolves around the amount of the children’s exemption. Similar to the OLG Düsseldorf, the OLG Munich ruled on March 6, 2024, that children are only required to pay parental maintenance if their average monthly income exceeds €5,000.
Children Obliged to Pay Maintenance Starting from €100,000 Gross Annual Income
These decisions are based on the Relatives Relief Act (Angehörigen-Entlastungsgesetz), which came into effect in December 2019 and redefined parental maintenance. Under this law, children are only required to pay maintenance to their parents if their gross annual income exceeds €100,000. Previously, the exemption for single children was only €2,000. The Higher Regional Courts in Düsseldorf and Munich used this law as a basis to significantly increase the minimum exemption to €5,000 net per month, according to the legal firm MTR Rechtsanwälte, which also advises on family law.
The Federal Court of Justice has now overturned the OLG Düsseldorf’s decision. In the underlying case, a social welfare agency sought maintenance payments from the son of a mother in need of care. The mother resides in a fully residential care facility and cannot cover the costs on her own. The social welfare agency contributes €1,500 monthly toward these costs. The son is married and lives with his non-working wife and two adult children in a house owned by his wife. His gross annual income is approximately €133,000.
OLG Düsseldorf Dismisses the Claim
In the lower courts, the social welfare agency’s claim for parental maintenance was unsuccessful. The OLG Düsseldorf deducted the son’s gross income for taxes, social contributions, support obligations for his adult children, work-related expenses, insurance premiums, and retirement provisions. This left a net monthly income between €5,451 and €6,205. The OLG Düsseldorf concluded that the son was not financially capable of providing maintenance. The court reasoned that the minimum exemption for parental maintenance should align with the monthly net income roughly equivalent to an annual gross income of €100,000. Thus, a monthly exemption of €5,000 for single children and €9,000 for married children was deemed appropriate by the OLG.
BGH Rejects the Calculation
However, the Federal Court of Justice rejected this calculation outright. Under the Relatives Relief Act, children are not obliged to pay parental maintenance if their gross annual income does not exceed €100,000. If this threshold is exceeded, the parent’s entire maintenance claim against their children transfers to the social welfare agency—not just the portion exceeding the €100,000 threshold, according to the Karlsruhe judges. The legislature did not specify otherwise.
When the income threshold is only slightly exceeded, it always imposes a certain hardship on the affected individuals. However, the Federal Court of Justice has previously denied an additional hardship argument in cases involving particularly high-earning children, even in so-called “sibling cases,” stated the XII Civil Senate responsible for family law.
Relatives Relief Act Can Be Considered in Maintenance Law
For further proceedings, the BGH clarified that it has no legal objections to the minimum exemptions outlined in some Higher Regional Courts’ guidelines, updated beyond 2020 to €2,650 per month for 2024. However, the legal framework established by the Relatives Relief Act cannot be entirely ignored in maintenance law. Therefore, it is not objectionable if the liable child is allowed to retain a portion—around 70%—of their adjusted income exceeding the minimum exemption, according to the BGH. The OLG Düsseldorf must now reassess the claim based on these criteria.
MTR Legal Rechtsanwälte advises on maintenance law and other family law topics.
Feel free to contact us!
