Background of the Federal Court of Justice’s Decision
The Federal Court of Justice (BGH) had to address the question of whether a minor child can still claim information about the income and assets of the parent obliged to pay child support, if this parent declares unlimited ability to pay with respect to child maintenance. The underlying proceedings centered on the situation where the obligated party, by means of a declaration, waived the objection of lack of ability to pay and thereby accepted a so-called “Düsseldorf Table maintenance” at the maximum rate.
Right to Information for the Child in Case of Unlimited Ability to Pay
Regulation according to § 1605 BGB
According to § 1605 BGB, a child can demand information from the parent obliged to pay maintenance about his or her income and assets, in order to quantify and enforce the maintenance claim. In the BGH case, the obligated parent, however, had informed the child that he was willing to pay maintenance at the highest rate of the Düsseldorf Table and acknowledged his unlimited ability to pay.
Scope of the Right to Information
The BGH clarified that this declaration does not automatically eliminate the right to information. Even if the obliged party signals willingness to pay child maintenance to the maximum extent, the child’s interest in information remains. The BGH justified this by stating that maintenance obligations cannot be definitively reduced to the table amount, for instance if further claims – such as for additional or special needs – are added. Moreover, future changes in income may also affect the maintenance obligation.
Significance for Structuring Maintenance Agreements
Practical Implications for Maintenance Proceedings
The decision emphasizes that the disclosure of financial circumstances cannot be replaced solely by a general acknowledgment of capacity. The declaration of unlimited ability to pay does not limit the obligation of the liable parent to provide information. Therefore, the typical procedures in the establishment of maintenance titles still require full disclosure of the economic situation.
Protection of the Minor Child’s Interests
The BGH especially highlighted the protective function of the right to information for minor children. Their right to have a concrete basis for existing and possible future claims is not undermined by a unilateral declaration of the liable party. Only in this way is it ensured that the needs and ability to pay are correctly compared and any additional items can be taken into account.
Notes on the Current Legal Situation
The judgment provides clarity regarding the scope of the child’s right to information and establishes that a declaration of unlimited ability to pay does not in any way deny access to information about the liable party’s income and assets. The court decision (BGH, Order of December 8, 2020 – XII ZB 499/19) thus emphasizes the central role of the child’s interest within maintenance law.
Individual Legal Issues in Family Law
The mentioned decision of the Federal Court of Justice demonstrates the complexity of maintenance proceedings and the practical challenges of defending or enforcing claims for information under maintenance law. For companies, investors and wealthy private individuals with questions regarding maintenance law, it is advisable to consult an experienced partner for specific advice. Further information and individual support can be found at Legal advice in family law.
