Supreme Court Rules Single Parents

Posted August 18th, 2016 by Bryan

Dittenheber & Werner from Munich inform the lawyers on the basis of a judgment of the Federal Court, single parents must work full-time if a support possibility for the child. This decision will benefit especially fathers, who no longer live in a permanent household with the mother. The regulation of claims of mother-to-child support must be considered so new. Inform the lawyers Christian Dittenheber & Gunther Werner in Munich about the background of the judgment. An increased burden on single parents is a divorced mother of a girl in the second grade worked on a half day basis and related maintenance 440,00 euros in addition every month from your ex-husband. It wanted to deepen–but as a result of the amended divorce law maintenance and filed an amendment lawsuit. The District Court of Grevenbroich and the OLG Dusseldorf rejected the claim of the ex-husband. Transition to a full-time job not in the interest of the child’s lower instances stressed that this would be a not verlangbare load on the nut.

This forced, in a full-time job would be to go and worry in addition as a single parent to the child. Here, a transition to a day job would not be in the interest of the child. The daughter had been already two years in a foster family housed before the mother again looked after the child. Children must be not cared for by the mother the judgments of the OLG Dusseldorf and of the District Court of Grevenbroich were however lifted by the family of Senate of the Federal Supreme Court. “The case was again redirected to the OLG Dusseldorf, as the OLG no radical individual individual circumstances” had led. The Karlsruhe judges thus saw no reason why the mother should take a full day job.

He argued that the support from mother is itself not mandatory in the afternoon. According to versions of the family Senate of the Federal Supreme Court there would be no justification, why the single mother of the child at a full-time job over compulsory burden”would be. This established the judges in Karlsruhe that a relevant statement could be taken not lump-sum, but each case should be considered individually. The single mother is now in the burden of proof, which is why this can be a full-time job. Fails the mother so you will demands to accept a full-time job and as much to work, as the ex-husband, which is subject to any duty of care. This can the demands of mother-to-child support composed new and need to be considered individually new. For more information on the ruling of the OLG Dusseldorf lawyers Dittenheber and Werner are available.

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