Child support during studies: Obligations and case law on the use of state funding benefits
Parents are generally obliged under statutory maintenance law to provide financial support to their adult children during appropriate studies, provided the child’s own economic ability is not established. However, the parents’ obligation to support is significantly modified by certain obligations of the child entitled to maintenance. A key element here is the duty to make reasonable efforts to obtain primary funding benefits, especially under the Federal Education Assistance Act (BAföG). The recent decision of the Higher Regional Court of Brandenburg (Ref.: 10 UF 101/17) provides an opportunity to explore the legal situation and mutual obligations in the context of child support during university studies, taking into account rejected BAföG applications.
Legal framework for educational support
Principle: Maintenance obligation also during initial studies
According to §§ 1601 ff. of the German Civil Code (BGB), parents have a continuing obligation to support if the adult child is in need during an appropriately progressing initial education or undergraduate studies. The need ceases if other reasonable sources of employment or income are available. In the assessment of maintenance law, the entitlement to BAföG benefits is regularly given priority consideration, as it is an independent social benefit aimed at livelihood support.
Obligation to utilize BAföG
Maintenance law does not provide for an automatic reduction in claims when there is an entitlement to BAföG, but students are obliged to exhaust all reasonable funding opportunities. Therefore, the person entitled to maintenance generally has to apply for BAföG, submit necessary documents, and in cases of rejection, continue to pursue the claim through objection or legal action – at least as far as it appears reasonable by objective standards.
Case law: Obligation to appeal against BAföG rejection
Decision of the Higher Regional Court of Brandenburg
In its decision dated April 17, 2019 (Ref.: 10 UF 101/17), the Higher Regional Court of Brandenburg clarified that, according to maintenance law standards, the student child can generally be required to appeal – particularly through objection – against a negative BAföG decision. Otherwise, maintenance requirements may be affected.
The court emphasized that it is not reasonable for the parent responsible for maintenance to voluntarily cover the child’s needs without the child having first exhausted all efforts with the social benefit provider. Especially in cases where BAföG benefits are denied – for example, due to formal reasons or because certain information seems incomplete or inconsistent – the child is required to file substantiated appeals within applicable deadlines.
Reasonableness and limits of the obligation to appeal
The deciding factor here is the reasonableness in each individual case. Studying children cannot be expected to pursue obviously hopeless or formally inappropriate appeals. Legally, the obligation is limited to probable claim enhancements and corrections of apparent administrative errors. If there are objectively significant reasons for a foreseeable failure, the obligation to pursue the appeal process does not apply.
In the decided case, the BAföG application was rejected partly due to a lack of cooperation and failure to submit proofs on time. The court assessed the child’s behavior as negligence against their own maintenance interests and denied full maintenance from the parents.
Implications for maintenance law practice
Effect on the assessment of need
The obligation to utilize BAföG, including any appeals, can directly influence the assessment of need in maintenance law: If the child does not fulfill this duty to cooperate, a fictitious income from the unclaimed social benefit is attributed to them, if the claim was thwarted by their own behavior. As a result, the amount of maintenance entitlement can be reduced or even eliminated entirely.
Presentation and substantiation obligations in maintenance proceedings
The obligations to present and substantiate assertions are of great importance for asserting maintenance claims. Those entitled to maintenance must substantiate why (e.g., after unsuccessful appeal) a BAföG award was finally denied. Omissions or irremediable omissions in the administrative process regularly have negative impacts on one’s legal position.
Outlook and significance for wealthy individuals
The demonstrated case law of the Higher Regional Court of Brandenburg illustrates that maintenance within the family is not limitless but tied to clearly defined cooperation duties of the claimant. This differentiated gradation has significant practical relevance not only for students and parents in traditional family settings but also for wealthy individuals and demanding succession arrangements in a business-related context. It also underscores that the interplay between social benefit law and civil maintenance obligation requires careful knowledge of the respective entitlement conditions. The ongoing development of case law suggests regularly reviewing any benefit relationships in family law for their current relevance and appropriateness.
For in-depth questions about the structuring and examination of maintenance claims related to state benefits like BAföG, an individual analysis of the specific factual and legal situation is recommended. Further information and a personal contact can be found under the link: Legal advice in family law.
