Entitlement of Minor Children to an Unlimited Maintenance Order
According to a recent decision by the Higher Regional Court of Bamberg (Case No.: 2 UF 14/18), minor children have a permanent right to require the obligated parent to create an unlimited maintenance order. This strengthens the importance of an unlimited title in securing maintenance payments for minors.
Background of the Proceedings
In the underlying case, the legal representative of a minor child requested the issuance of a maintenance order of unlimited duration against the parent obliged to pay maintenance. The parent in question had already recognized a dynamic maintenance amount, but only for a limited period, arguing that the order needed only to apply until the child reached adulthood. In contrast, the opposing party argued that there was an ongoing legitimate interest in an unlimited order.
Decision of the Higher Regional Court
The Higher Regional Court of Bamberg granted the child’s application and expressly affirmed the child’s right to an unlimited order. The court made it clear that setting the order to expire upon the anticipated 18th birthday does not meet legal requirements. A maintenance order is intended to secure future claims, even if it cannot be foreseen in each case whether maintenance will still be required after the child has reached the age of majority.
An order limited in time may be justified in individual cases if the maintenance claim will clearly cease when the child turns eighteen. However, this is only to be assumed under exceptional circumstances, which were not present in this case.
Reasoning for the Ongoing Entitlement
The Higher Regional Court of Bamberg explained that the protection of the minor child, who is particularly in need of maintenance, takes precedence. A limited maintenance order risks leaving the child dependent on obtaining a new order after the period ends, which is associated with considerable legal and factual uncertainties. In the interest of reliably securing maintenance claims, only an unlimited order serves the best interests of the child.
The court further emphasized that the debtor does not suffer any disadvantage, as later adjustment or revocation of the order remains possible through modification proceedings, for example in the event of significant changes in factual or legal circumstances.
Practical Significance
The judgment underlines the importance of unlimited maintenance orders for minors in ensuring long-term protection of maintenance claims and sets high standards for permitting time-limited orders in the context of child maintenance. The decision may have implications for comparable situations and clearly prioritizes protection of minors entitled to maintenance.
For all legal questions relating to maintenance claims, especially regarding the limitation or unlimited nature of maintenance orders, as well as in securing positions in family law, seeking individual and thorough legal review is advisable. Further information and the opportunity for individual legal advice in family law can be found at Legal advice in family law.
