Collidal Silver Treat Bv

Unterhaltsrecht


maintenance for adult children:

How long can the adult son child support claim? Parents have to their adult daughter, who for the second time the training stops further support?
applies on

for the maintenance obligation of parents after 18 Birthday of the children.

first As long as children are still in training and must follow a more determined to pay the parents.
second Children who are in need after the completion of vocational training must help itself.


If a child has already completed a successful training is in principle not entitled to a second education. This can only be otherwise if the various courses available in a context. For example, after an apprenticeship as an architectural draftsman course is taken. Or a learning path through high school, teaching, specialized high school and college. In these cases, the maintenance obligation would be affirmative. Two courses in a row after a broken or failure of the first training course need the parents to fund only if the child against his will in an unsatisfactory, his talent is not the job has been pushed, or when the initial training is based on a clear misunderstanding of the talent of the child, or a professional exchange for reasons of conscience or health reasons is necessary. The most far-reaching decision in this area comes from the Higher Regional Court, Hamm, that in the event of an aborted initial affirmed only a slight failure of the daughter and pass the right to maintenance for secondary education left. As far as the daughter of the second training again terminates, no dependent longer exists. This even after the far-reaching decision of the Higher Regional Court of Hamm.

If an adult child is unable to work due to illness, however, are the parents again dependents. This could be derived from a disease of the daughter as a maintenance obligation.

With a view to possible recourse welfare is that maintenance claims automatically enter § 91 BSHG to paying benefits office. Provided however, that a corresponding right to maintenance is really still and is not forfeited.

(February 2006)