Decision of the Munich Higher Regional Court on March 6, 2024 – Case No.: 2 UF 1201/23 e
Children are only obligated to support their parents if their average monthly net income is between 5,000 and 5,500 Euros. This was decided by the Munich Higher Regional Court in a ruling on March 6, 2024 (Case No.: 2 UF 1201/23 e).
The claim for maintenance is a central issue in family law. Not only do children have a claim for maintenance against their parents, but parents also have a claim against their children. However, only financially capable children are obliged to support their parents. The Munich Higher Regional Court, in its decision, assumes a deductible of between 5,000 and 5,500 Euros per month for single children. This significantly increases the deductible. Prior to the enactment of the Relatives Relief Act, the deductible for single children was only 2,000 Euros, according to the law firm MTR Rechtsanwälte, which also advises on family law.
Relatives Relief Act Redefines Parental Maintenance
In December 2019, the Relatives Relief Act redefined parental maintenance. The reason for this was that the legislature wanted to relieve children and only call upon financially strong children for parental maintenance. According to the Relatives Relief Act, children are only liable for their parents’ maintenance if their gross annual income exceeds 100,000 Euros. The legislator did not specify exact figures for the children’s deductible.
The Munich Higher Regional Court clarified in its decision on March 6, 2024, that it is appropriate to increase the deductible of the liable child “to an amount that corresponds to the average monthly net income achievable with a total gross income of 100,000 Euros,” considering the purpose and legal rationale of the Relatives Relief Act. Depending on the type of employment and family status, this income is likely to be between 5,000 and 5,500 Euros net per month, the court stated.
Welfare Agency Wants to Claim Maintenance from Son
In the underlying case, the responsible welfare agency wanted to claim maintenance from the son of a mentally ill woman. After deducting taxes, work-related expenses, and social security contributions, the son had a net monthly income of around 5,300 Euros. From this, he also paid contributions to a life insurance policy for private retirement provision amounting to approximately 870 Euros per month.
The competent district court rejected the welfare agency’s application for parental maintenance. The Munich Higher Regional Court confirmed this decision. The son is not obligated to pay parental maintenance.
Munich Higher Regional Court Sets Deductible at 5,500 Euros
Taking into account the legal rationale of the Relatives Relief Act, relatives are entitled to a reasonable deductible. Based on an annual gross income of 100,000 Euros, the deductible must be increased to a monthly net income between 5,000 and 5,500 Euros, according to the Munich Higher Regional Court. Here, the deductible is to be set at 5,500 Euros per month. This also corresponds to the case law of the Federal Court of Justice regarding spousal maintenance. The increase in the deductible at the maintenance law level is also justified to prevent an illegitimate unequal treatment of sibling children with an annual income up to or over 100,000 Euros, the Munich Higher Regional Court further explained.
Given the amount of the deductible, it is no longer appropriate to continue increasing it by half of the countable income exceeding the base deductible, the court made clear. It is also questionable whether additional deduction items beyond the statutory deductions of taxes, social security contributions, and other maintenance claims should be accepted when calculating the deductible.
Life Insurance Contributions Countable
However, contributions to life insurance for private retirement provision are an exception. The child’s maintenance in old age must not be endangered, the Munich Higher Regional Court clarified. Although private retirement provision is not legally required, it is necessary given the development of statutory pensions, the court stated. In this case, however, it is irrelevant since the son’s monthly income is below the deductible of 5,500 Euros.
MTR Legal Rechtsanwälte advises on maintenance law and other family law matters.
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