The Maintenance Advance Fund can also assert maintenance claims against citizen’s income recipients
On July 7, 2023, the Higher Regional Court of Celle clarified with its decision (Case No.: 21 WF 43/23) that receiving citizen’s income by a person obligated to pay maintenance does not preclude the Maintenance Advance Fund from making judicial assertions of child maintenance claims. Thus, the court specified the handling of asserting child maintenance claims in connection with social security benefits.
Background of the proceedings
The proceedings were based on a scenario where a parent obliged to pay maintenance received citizen’s income, and the Maintenance Advance Fund filed a lawsuit for outstanding maintenance payments. The obliged party argued that due to receiving these benefits, there was no obligation to make maintenance payments, rendering the fund’s lawsuit futile.
Key considerations of the court
In its decision, the Higher Regional Court of Celle established that merely receiving citizen’s income does not generally exempt the obliged person from the duty to pay child maintenance. Thus, asserting the maintenance claim by the Maintenance Advance Fund – possibly even in court proceedings – remains permissible, even if the current economic circumstances do not suggest any ability to pay.
Scope of review at procedural stage
It is important to highlight that the court does not necessarily have to conclusively assess the prospects of success of a lawsuit within the context of legal aid at this stage. According to the court, merely citing a lack of financial capability due to receiving citizen’s income does not constitute a general procedural obstacle. Rather, the specific circumstances of each situation are decisive, and possible future changes in financial circumstances should also be taken into account.
Maintenance Advance Act and transfer of claim
According to the legal provisions (§ 7 UVG), the maintenance claim for the child in the amount of the advance paid transfers to the Maintenance Advance Fund. Hence, it is in the fund’s inherent interest to assert enforceable claims in court. The courts consider initiating legal steps as a legitimate means to examine and enforce regress even in cases where the obligor’s current ability to perform is limited.
Relevance of the decision
The Higher Regional Court of Celle emphasizes that receiving social benefits is not a general procedural barrier to the judicial assertion of maintenance claims by the Maintenance Advance Fund. The decision stresses the necessity for an individual case assessment considering all circumstances, referring to the role of legal aid in ensuring access to justice.
For businesses, investors, and individuals confronted with family law matters related to maintenance claims, such decisions can impact the assessment of risks as well as strategic litigation. For legal questions surrounding maintenance claims, it is advisable to consider an individual review. We offer more information in the area ofLegal advice in family law.
