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No contact & no maintenance: child then does not have to pay parent maintenance later

No contact & no maintenance: child then does not have to pay parent maintenance later



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The child then does not have to pay parental support later
Oldenburg (jur). If a father breaks off all contact with his daughter and pays no maintenance for years, he cannot later demand parental maintenance from the adult child. This would be "grossly inequitable", the Higher Regional Court (OLG) Oldenburg decided in a decision announced on Thursday, February 9, 2017 (Az .: 4 UF 166/15).

In the specific case, the parents had separated in the dispute. The father paid no maintenance for his needy daughter despite his employment over six years. He even broke all bridges to her. After the separation from his mother, he had sent a registered letter stating that he no longer wanted to know about his old family.

But when the man himself became in need in old age, his adult daughter should now pay parental support to him.

But that would be "grossly unfair" for the daughter, the OLG clarified in its decision of January 4, 2017. In principle, adult children are dependent on their needy parents, but not in every case.

Here the father himself had not fulfilled his previous maintenance obligations towards the child for over six years, although he would have been able to do so. He also broke off the contact completely by registered mail. This was "a violation of the father's duty of support and consideration". The fact that the father invited the daughter to his new wedding and that she later visited him once in hospital does not indicate that the father-daughter relationship will be restored, according to the OLG.

As a rule, a break in contact does not lead to a loss of the maintenance claim. But here the father himself grossly violated his maintenance obligation. As a child, the daughter was therefore in poor economic shape and had to experience the “emotional coldness” due to the break in contact. Combining the two means that she no longer has to stand up for her father. fle / mwo

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