Ancillary Activity

The attorneys at law Dittenheber & Werner inform as a result of the provisions of the section 1603 BGB dependent persons to minors are subject to advanced standards of maintenance obligation and purchase obligation. As a result the need may arise, to pursue an additional employment, provided that the full-time activity is not sufficient to justify the minimum maintenance claim of the children. The higher regional court of Saarbrucken saw off in a recent judgment of it, to commit a double child’s father (OLG Saarbrucken WF 123/10) to increase his income from a sideline and disagreed in an essential point of the prevailing jurisprudence to the child support. The law firm Dittenheber & Werner Munich family law specialists inform his decision. Starting point of the decision was an application of the breadwinner father of the child, on the amendment of the final maintenance title his minor children. This was one in the course of mutual comparison have been set in 2007 on a monthly fee of $199 per child.

To justify his desire, the father of the child presented its living conditions have changed greatly in essential respects. He was after the birth of another child, which he was obliged to keep and due to its maintenance-related revenue no longer in a position to fulfil the maintenance obligation in full. The OLG Saarbrucken confirmed the income situation presented by the applicant. According to his calculation, it saw the father of the child to a monthly maintenance service of no more than 147 euros in the location. Also it excluded the obligation to accommodate of an additional sideline due to his full-time occupation in shift with the aim of increase in income. The ruling of the OLG Saarbrucken stands in contrast to the previously prevailing opinion of German maintenance case law. This demonstrates, for example, a judgement of the OLG Dresden from 2007 (OLG Dresden 21 UF 518/06).

This had a child maintenance Debtor, who had started a full time employment of 42 hours per week, held for an additional activity to the extent of up to two hours per week. Shows considering the non-uniform jurisprudence to the child support themselves once more need for a successful representation of interests in family law matters of experienced and expert family law specialists. In this context, the Munich law firm Dittenheber & Werner is a for many years for the needs of their clients.