Reduction of cash maintenance obligation through provision of housing: Current case law from the Higher Regional Court of Frankfurt am Main
The clarification of maintenance law issues is gaining increasing importance, especially in complex family structures. Of particular relevance is the question of how the (partial) provision of an apartment by the maintenance obligor affects the obligation to pay cash maintenance. An important decision on this matter was issued by the Higher Regional Court (OLG) of Frankfurt am Main in its judgment of 24.09.2020 (Case no.: 4 UF 176/19). The assessment of the benefit of accommodation for the purposes of child maintenance calculations is central.
Basic structure of child maintenance
Under German maintenance law, parents owe their minor and privileged adult children what is known as child maintenance. The two components—maintenance in kind and cash maintenance—are regularly distinguished. While the parent with whom the child lives provides natural maintenance in the form of care and supervision, the other parent is obliged to pay cash maintenance.
Provision of housing in the context of maintenance
Significance of accommodation benefits
If an apartment owned by the maintenance obligor is provided to the child and/or the caring parent, the question arises whether and to what extent this reduces the obligation to pay cash maintenance. In judicial practice, the key consideration is whether the ability to use the property creates monetary advantages that must be credited against the maintenance obligation.
Reference to case law
The OLG Frankfurt sees considerable benefit in the unilateral use of the apartment by the child or the caring parent. Despite critical voices in legal literature and varying case-by-case circumstances, it is recognized that the provision of accommodation by the maintenance obligor can be credited as part of the natural maintenance. This results in a corresponding reduction of the ‘cash’ component of maintenance.
Key aspects for maintenance law crediting
Determining and assessing value
The reduction in cash maintenance is generally measured by the objective rental value, i.e., the amount that the child or the caring parent would have to pay to obtain comparable accommodation at the location. The calculation is typically based on local rent indices or suitable comparative values.
Limits of crediting
It must be noted, however, that full crediting is not permissible in every case. The reduction of cash maintenance must not result in the child receiving less maintenance than the statutory minimum amount. In addition, special features of the individual case must be considered, such as the size and furnishings of the apartment or the number of maintenance beneficiaries living there. Furthermore, it must be distinguished whether the caring parent owes usage compensation or already bears variable costs.
Practical significance and outlook
The OLG Frankfurt decision underscores the importance of a differentiated analysis of the overall maintenance situation. While the provision of accommodation generally reduces cash maintenance, in practice it remains necessary to carefully weigh and thoroughly document all circumstances of the individual case. Regardless of whether owner-occupied apartments, houses, or rent-free accommodation are involved, accurate value determination and consideration of additional maintenance services—such as care, support, or special services—are crucial for calculating the amount of maintenance owed.
Conclusion
The provision of an apartment by the maintenance obligor can lead to a reduction in the obligation to pay cash maintenance. The exact arrangement, however, depends on many factors and requires careful consideration of individual circumstances and regional conditions. Case law in this area continues to develop; legal uncertainties and definitional questions persist.
If further questions concerning the provision of housing to maintenance-entitled children arise, an individual review by experienced lawyers is recommended. The attorneys at MTR Legal, active throughout Germany, are pleased to advise you—also in an international context.
