Ruling: Mother is considered a single parent if she provides more than 60 percent of care
The children 's father, who lived separately from her, did not pay any maintenance for the seven-year-old twins. She therefore applied to the district of Höxter for advance maintenance payments. The district refused because the children were with their father every two weeks from Wednesday afternoon to Monday morning.
The woman's appeal was also unsuccessful, most recently before the Higher Administrative Court in Münster. The court calculated that joint custody was being practiced because the father took over 36% of the care during school hours. This was a significant relief for the mother.
The Federal Administrative Court has now overturned this decision and the court in Münster will have to deal with the case again. According to the Federal Administrative Court, an entitlement to advance maintenance payments requires, firstly, that the other parent does not pay enough and, secondly, that the child lives with one of the parents.
The regulation is based on the precarious situation of single parents. This consists of the fact that they mainly look after the child and are therefore particularly burdened by the absence of the other parent. Such a burden is also present if the focus of care is predominantly with only one parent.
According to the Federal Administrative Court, who looks after the child and how much must be calculated purely on the basis of the time that the child spends in the care of one or other parent. If care changes on a daily basis, it depends on where the child is at the start of the day. Individual care services, on the other hand, should not be weighted differently.
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Source: www.stern.de
