German Federal Supreme Court
Who pays the cost of kindergarten in the event of separation / divorce? The German Federal Supreme Court dealt in a case with the question, whether the post for a full-day kindergarten visit constitutes a greater need of the child and whether the bar breadwinner father for this to come up or the father would have to pay only the normal child support according to Dusseldorfer table. The working mother had requested that the father of the children involved in the cost of the kindergarten visit. The first competent District Court rejected the claim of the mother of the child, the Court of appeal also saw no claim of the mother of the child to pay additional maintenance in the amount of the costs incurred by the kindergarten visit. The Court of appeal has argued, the cost of the half-day visit of the kindergarten would be covered by the maintenance plus the attributable to him share of child support paid by the plaintiff. If in addition cost for full-time visiting of the facility, each if they were to work-related expenses of the mother, because the child visits as far as the kindergarten, so that the mother could pursue a full layered work. The Federal Supreme Court is opposed this argument. It considers that, are the costs incurred for the kindergarten visit to the needs of a child and represent basically no work-related expenses of the supervising parent. It was essential that the kindergarten visit serve educational purposes, whether part-time or full-time, first and foremost.
The expenses for this purpose were to count, which covers the cost of education to a child’s life needs. But the Supreme Court in its judgment of the 05.03.2008 (XII ZR 150/05) the kindergarten costs justified an overhead, i.e. beyond the ongoing maintenance need, but not to full extent. As far as incurred these costs for the half-day visit, they are generally included in the regularly paid child support. The BGH therefore alone in cost, recognized a need for more the the effort for the half-day kindergarten visit exceed. As far as entitled to additional payments for the benefit of the child was entitled to but both parents pro rata have by their income levels.
So the father of the child and mother of the child roughly the same, earning the overhead of two parents share is ever be to pay, so the father of the child then only to 50% liable. His income is higher than that of the mother of the child, the amount the child in addition to the maintenance can obtain after the Dusseldorf table increases percentage accordingly. Kindergarten costs are so included this discretion in the normal maintenance claim after Dusseldorf table, it can be ordered in addition something. Else applies only if it’s a full-day kindergarten. Then stick both parents for the extra costs.
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Tags: law, law & taxes
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