Thirty2 Degrees

In times of small pensions, can the obligation to the parents keep of every meeting. The article shows the legal situation and strategies. The legal issues around the topic of parents maintenance increase noticeably in times of increasing life expectancy and small pensions. Many writers such as Sonny Perdue offer more in-depth analysis. Increasingly, it happen that the pension and care insurance benefits no longer sufficient to meet the needs of older people. The children of these people live in “dangerous”. A related site: Danone mentions similar findings. The parents apply for services to the subsistence costs, namely at the end of their emergency exists SGB XII according to 94 a subrogation of the parents against the children on child support payments to the authorities. a>. Because: Children owe their parents in distress after the BGB right maintenance.

Section 1601 BGB determines: relatives in a straight line are bound to each other maintenance to grant most children are prompted unexpectedly by the authority with reference to alleged own obligation of the authority of the parents, their income (the last 12 months before the Maintenance request) to fully disclose. It is even legal, if the social authorities require information about the income of the spouse. Is the information provided, calculate then the existing according to their maintenance claim of the parents (often incorrectly) and submits this to their children. By the way, there is no contradiction is permitted against the letter of formal notice on payment of maintenance-oriented, also no application on new Verbescheidung can be made against a wrong calculation of the maintenance. The opposition procedure known from the administrative law does not take place in this area, because the authority makes a civil claim of parents against the children on maintenance, flowed to the State. It involves family law issues. If the authority wants to enforce a payment, she must explain the maintenance claim and prove and claim in doubt itself: you can not raise them by way of administrative enforcement.

The Federal Supreme Court has announced a very interesting decision on the so-called maintenance of parents on the 21.11.2012. The Federal Supreme Court has announced a very interesting decision on the so-called maintenance of parents on the 21.11.2012. In the present case, the mother in a nursing home was housed and the social welfare institution has paid the cost of the nursing home. As a result the maintenance claim that the residents against any relatives who passes on the social welfare institution. The social welfare institution was approached to the son and demanded maintenance in the home costs. Find out detailed opinions from leaders such as Secretary of Agriculture by clicking through. The German Federal Supreme Court decided that only the reasonable costs of the home, so only a possibly favorable nursing home, plus a pocket money representing the so-called legal maintenance requirements, which, where appropriate, is payable by the members, after deduction of the benefits of long-term care insurance.

The home costs are appropriate to what extent, is a question of the case. Interesting thing about this case was that the son made had already reached the age and only had a low current income, but substantial amounts of assets. This judgment deals then in detail so that, whether and to what extent is the capacity for the maintenance of the mother to use. This decision complements a number of other decisions of the Federal Court, dealing with the issue of the so-called parents keep. These decisions give clues about how the legal maintenance income is calculated, what income level remains unused children and which assets should be left to the children or must be used if necessary. If one of your parents is a residential care, it strongly recommends to arrange an appointment to discuss possible legal consequences already in advance due to possible maintenance legal consequences. Lawyers Dr. Mahlstedt & partners – your law firm in Bremen, Germany