Parents pay for their children, that goes without saying. But when the tables turn, difficulties can arise. Do children of legal age possibly have to pay maintenance for their parents?
“Yes,” says Eva Becker, specialist lawyer for family law in Berlin. “But only when the child has an annual income of over 100,000 euros.”
Often it is not in the interests of mother or father to ask their offspring to pay. “As a rule, it is the social assistance providers who are entitled to Parental support claim ”, explains the lawyer Verena Querling from the Consumer advice center NRW .
Social welfare agencies turn to relatives
The classic case: Parents are dependent on help in everyday life in old age. This can devour a lot of money depending on the degree of need for care. If the pension, long-term care insurance and assets do not cover the costs, the social assistance providers turn to relatives: either to the spouse or partner or to the children.
“In general, siblings are not obliged to support each other,” says Becker, who is the chair of the executive committee of the family law working group in the German Bar Association. Cousins, cousins, aunts, uncles, grandchildren and persons by marriage are also not subject to maintenance.
Grandparents are generally obliged to support grandchildren if the parents are not productive. “In practice it hardly ever happens that someone turns to their grandparents,” says Becker from experience.
Spouse must contribute to the costs
Back to the case of a parent in need of care. The costs for care are high, the available funds are insufficient. The social welfare office will now clarify who has to pay and will contact the next of kin in writing.
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“If one parent comes to a nursing home, for example, the spouse or partner who remains at home has to contribute to the costs,” says Querling. He has to pay even if the annual income is below the limit of 100,000 euros.
If the income is not enough, it goes to the assets. A so-called protective asset applies – a total of 10,000 euros for spouses or life partners. In addition, a reasonable amount that was invested for one’s own funeral remains untouched.
The Düsseldorf table is the basis for the calculation
If the income and assets are not enough to pay the care costs, the social welfare office steps in. If someone in need of care is without a spouse or partner – for example because he or she has died – the social welfare agency will contact the children.
If at least one child has an annual gross income of 100,000 euros, the maintenance is calculated according to the so-called Düsseldorf table . “If there are several siblings, at least one of whom earns more than 100,000 euros, there is a quota system,” explains Becker.
Important to know: When clarifying the question of whether the income is above or below EUR 100,000 per year, it is not just the earnings from self-employed or non-self-employed work that count. Income from renting and leasing can also be included. “However, expenses can be claimed that ultimately reduce income,” says Becker.
Donations can be reclaimed
It is inevitable that children may have to pay for their parents. This can even go so far that parents and even grandparents can claim back donations, for example if they are used to finance a stay in a nursing home that the state would otherwise have to pay for.
Parents and grandparents can reclaim property given away as well as cash. Even money that a grandmother has saved in accounts for her grandchildren over the years can be demanded back by the welfare agency. That was decided by the Higher Regional Court of Celle (Az: 6 U 76/19).
And what if the grandma gives the grandson 200 euros for his birthday, for example? Such a monetary gift is legally a so-called “occasion-related gift of courtesy”. “The state does not have the right to access decency gifts,” said Becker.
© dpa-infocom, dpa: 210126-99-177499 / 3
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