Cologne, Germany -- (SBWIRE) -- 07/11/2013 -- GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Bremen, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Nuremberg, Stuttgart and London www.grprainer.com/en explains: The OLG clarified in its ruling of May 29, 2013 that the needs of a child of legal age are not diminished by the fact that it lives in its grandmother and her husband’s house at no charge (Az.: 2 WF 98/13). The petitioner of legal age, born in 1994, demanded subsistence from his father upon reaching the age of legal majority. The petitioner apparently attended the higher business school and had not hitherto drawn any student financial assistance pertaining to the BAföG. He lived at no charge in the house of his grandmother and her husband, while the latter also financially supported the petitioner despite there being no blood relation.
The OLG granted the petitioner legal aid for the judicial enforcement of his claim against the father, which the District Court (AG) seemingly denied him. The AG had justified its decision saying that the petitioner did not run his own household and accordingly his situation was comparable with that of child of legal age which still lives in his parent’s household, and that the expenditure saved through living together with the grandmother and her husband had to be taken into account.
The OLG apparently did not share this view. It considered that the petitioner has certain monthly needs, since his living situation was plainly not comparable with that of a child in his parent’s household but rather that of a child with his own household. The fact that he lived there without charge, did not conflict with this view. The grandmother, who is not able-bodied, was also not subject to any subsistence obligation in relation to her grandchild, particularly not to the same extent as the child’s parents.
The OLG clarified that admitting the grandchild into their household constituted a voluntary service from third parties, namely the grandmother and her husband, who consequently had not influence on the needs of the petitioner for which the father, who according to his earnings is able to pay, must ultimately pay for.
Whether it is a matter of a prenuptial agreement, divorce, subsistence – in family law it is advantageous to turn to a lawyer experienced in this area of law.
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