Entitlement to care maintenance for an adult child with intellectual disability – significance and current legal situation
On November 16, 2023, the Higher Regional Court (OLG) of Frankfurt am Main (Ref.: 6 UF 69/23) issued a decision addressing key aspects of care maintenance for adult children with intellectual disabilities. In particular, the ruling clarifies that, under certain conditions, there may be a claim for care maintenance against the other parent, even if the child in question has already reached adulthood.
Background of the decision
Adults are generally considered self-responsible, which also affects maintenance law issues. As a rule, the obligation to pay care maintenance ends when the child turns of age, as the actual need for care is presumed to cease upon attaining adulthood. However, the situation differs if, due to an intellectual disability, the child is unable to provide for themselves and still relies heavily on ongoing care and support. The legislature takes these particular life circumstances into account in favor of the person who continues to provide care and support for such a child.
Requirements for the entitlement to care maintenance
The decision of the OLG Frankfurt emphasizes the importance of an individualized, situational assessment. For a continuing claim to care maintenance in the case of an adult child with an intellectual disability, the following aspects, in particular, need to be specially examined:
Persisting need for care
Central to the matter is the extent of care still required. The key question is whether the care and support go well beyond what is normally expected of parents of adult children. It must be determined to what extent the caregiving parent is prevented from gainful employment by the tasks of care and support or is at least significantly restricted in their ability to work.
Inability of the child to provide for themselves
Another crucial point is that, due to the intellectual disability, the child is not able to provide for their own living independently. According to the court, both the ability to work and the ability to manage daily living independently must be assessed. If the child remains permanently dependent on support and supervision, this justifies an ongoing claim to care maintenance.
Reasonableness and extent of employment of the caregiving parent
The court emphasizes that there can be no blanket assumption of a general obligation for the caregiving parent to be employed when the intensity of care significantly limits the ability to take up or carry out a job. Rather, it must always be considered to what extent employment alongside caregiving would be possible and reasonable.
Implications for practice
The decision highlights the far-reaching responsibility that continues to rest on parents of disabled, adult children when they commit to providing care. In this context, care maintenance plays a vital role in offsetting economic disadvantages suffered by the caregiving parent in the interest of the family. The jurisprudence thus expresses a pragmatic adaptation to the actual care needs in each individual case.
Furthermore, it is pointed out that the maintenance debtor – typically the other parent – can remain responsible even after the child reaches adulthood, provided the above conditions are met and payment of care maintenance remains appropriate. However, this liability is not unlimited. It must instead be tailored to individual needs and actual circumstances, with the welfare of the child in need of care always taking precedence.
Limits and circumstances to be observed
It should be noted that the care maintenance does not automatically end when the child reaches adulthood but depends on the ongoing special circumstances caused by the disability. However, the court examines very carefully on a case-by-case basis whether and to what extent these requirements are met, weighing both the interests of the caregiving parent and those of the one obliged to pay maintenance. Questions regarding the reasonableness of (part-time) employment for the caregiving parent are also taken into consideration.
Furthermore, it should be noted that the requirements for entitlement as well as their actual application are always to be evaluated in the context of each individual case. In addition, the OLG Frankfurt’s decision may be subject to possible review by the next instance. The presumption of innocence and the outcome of any further proceedings therefore expressly remain open. (Source: https://urteile.news/OLG-Frankfurt-am-Main6-UF-6923Notwendigkeit-der-Betreuung-eines-volljaehrigenaber-geistig-behinderten-Kindes-begruendet-Anspruch-auf-Betreuungsunterhalt~N33459)
Notice for those affected
The question of whether there is an entitlement to care maintenance for adult but still care-dependent children is often complex and depends on numerous individual factors. Considering all relevant circumstances, while taking current legislation and case law into account, is essential. In case of legal questions regarding this subject area, there is the option of contacting MTR Legal Rechtsanwalt to obtain a sound assessment of the situation.
