Legal framework for the advance maintenance payment
The advance maintenance payment serves to secure the minimum maintenance for children who live with only one parent and do not receive, or only receive irregular, maintenance from the other parent. The legal basis is the Advance Maintenance Payment Act (UhVorschG). A claim requires that the child lives with a single parent within Germany and does not receive appropriate cash maintenance from the other parent.
Meaning of the term “single parent” in the context of the UhVorschG
For the purposes of the Advance Maintenance Payment Act, the term “single parent” is interpreted strictly, requiring an actual separation in the form of a lasting dissolution of the domestic community between the parents. Mere physical separation—such as caused by a parent’s extended stay abroad—is not sufficient, as long as joint custody and shared financial responsibility essentially remain and the overall circumstances do not indicate a permanent separation.
Court decision practice: Current case of OVG Lüneburg
Facts of the case
In the case decided by the Higher Administrative Court of Lower Saxony (decision of 15 February 2023, Ref.: 14 PA 359/22), the only distinguishing feature between the spouses was physical separation due to an apparently work-related stay abroad by one parent. The applicant sought advance maintenance for her child living in Germany, citing the absence of the second parent.
Central reason for the court’s decision
The court addressed the question of to what extent a temporary physical distance—such as in the case of professional or educational stays abroad—meets the requirements for single parenthood as defined by the UhVorschG. In particular, the determination of the continued existence of the domestic community despite different places of residence played a decisive role.
Reasons for the court’s decision
The OVG Lüneburg confirmed the administration’s rejection of the application for benefits. The key criterion was that neither a separation nor a clear distribution of responsibilities in the sense of a sustainable dissolution of the family community existed. The judges argued that entitlement to advance maintenance requires the child to actually live only with one parent in Germany and that the other parent does not actually contribute to shared household and child-rearing duties. If, however, the marriage essentially continues and the domestic community is only temporarily interrupted, for instance due to work abroad, the necessary condition for the payment of advance maintenance is lacking.
Implications for eligibility in international living arrangements
Increased requirements in cases of temporary separation
In the context of transnational family situations, it should be noted that mere geographical distance between parents does not automatically lead to eligibility for benefits. What remains decisive is an actual and permanent separation, with independent home and parental responsibility by one parent in Germany. The motivation and duration of the physical separation—for example, employment abroad—affect the legal assessment.
Borderline cases and evidentiary requirements
Although high standards are set for determining whether a separation in the sense of the Advance Maintenance Payment Act exists, a comprehensive assessment of each individual case must still be carried out. In practice, joint plans for return, ongoing economic communities or regular family contacts are indications against a lasting separation.
Outlook and relevance for those affected
The recent decision of the OVG Lüneburg highlights the restrictive interpretation of the term “single parent” when it comes to applications for advance maintenance in cases where spouses temporarily reside abroad for professional reasons. This can lead to uncertainties regarding eligibility especially for families who cross borders.
Legal assessments of eligibility in the context of mobile lifestyles and international households always require precise analysis and documentation of the specific life situation. Particularly for those affected by cross-border life patterns, differences in national and international law can become highly significant.
If you have questions in an individual case concerning eligibility, especially regarding the conditions for advance maintenance or related topics in family law, the team at MTR Legal offers nationwide and international legal support in clarifying complex situations.
