Parental maintenance in care: when must children pay?

When parents become in need of care and their income is not enough, the social welfare office steps in first. Previously it often turned to the children. Since the Relatives Relief Act, this recourse is strongly restricted.

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Your chances of getting your money back

Relatives in a direct line generally owe each other maintenance (§ 1601 BGB). But for the social welfare office's recourse to children, since the Relatives Relief Act the following applies: only from a gross annual income of the child over 100,000 euros is the child drawn on at all.

If the child's income is below that, parental maintenance is generally not demanded. Even above the limit, an appropriate self-retention remains protected.

What you should do now

1
1. Classify the income
Check whether your gross annual income exceeds the 100,000-euro limit.
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2. Check the request
React to letters from the social welfare office, but do not give information about everything without checking.
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3. Observe the self-retention
Even with a higher income, an appropriate own need remains protected.
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4. Get support
Have a recourse in the individual case checked professionally.

How to spot the scam

You pay although your income is below the limit.
The social welfare office demands comprehensive information without an apparent reason.
The protected self-retention is not taken into account.

Frequently asked questions

Must I pay for the care of my parents?

Only to a limited extent. Since the Relatives Relief Act a child is only drawn on for parental maintenance when its gross annual income is over 100,000 euros. Below that, the social welfare office generally demands no parental maintenance.

Must I give information to the social welfare office?

The social welfare office may check whether the income limit is exceeded. As long as there are no indications of an income over 100,000 euros, a comprehensive disclosure is often not justified. React to letters, but have the scope of the information checked.

What remains protected for me?

Even if the limit is exceeded, an appropriate self-retention for your own livelihood and your own family remains protected. Only the portion beyond that can be drawn on for parental maintenance.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.