OLG Koln Maintenance
Dittenheber & Werner lawyers inform the obligation to the bar maintenance of the child persists even if this is in the context of the exchange of students for a long time abroad. This decided the Cologne higher regional court (OLG Koln, 4 UF 16/10) in a judgment on which the family law specialists, the Munich law firm Dittenheber & Werner report. Background of the decision of the OLG Koln was the maintenance Amendment lawsuit of a debtor father, whose children was for several months due to an exchange of students in the United States. The divorced parents of child had divided their maintenance obligations so that the father, however, committed the mother to the bar keep to the care of the child. In the absence of several months, the father applied for exposing his maintenance obligation for this period because the mother not erbrachte their maintenance performance in the form of the care maintenance. The OLG Cologne dismissed the action of the debtor father and ruled that a long stay abroad is by no means the maintenance claim of the child’s minor, which parents would have divided their respective obligations in cash and care maintenance. Regardless of his whereabouts in the United States the child have continue a monetary need for maintenance, so the Cologne judges.
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The decision of the higher regional court of Cologne shows that the establishment of family maintenance obligations shall be basically based on the characteristics of the particular case. The parties is therefore strongly recommended to consult a familienrechtlich experienced legal counsel which can best represent their interests in court.