Judgment: Maintenance obligation is not excusable
Does only the primary job count for maintenance payments? That's what one woman thought. But a court saw it differently. The ruling could have implications for many families.
When a parent obligated to pay maintenance has a side job, it can affect the amount of maintenance they have to pay. The Association of Family Lawyers of the German Bar Association (DAV) points to a corresponding decision by the Higher Regional Court of Munich (Az.: 2 UF 1057/22 e) against a mother.
In the specific case, the two children live with the father and the mother pays child maintenance. The parents disputed the amount of child maintenance in court, with the father's side job being a point of contention. The father was convinced that his wife's side job in an outpatient care service should be taken into account when calculating child maintenance. The mother did not see it that way.
You might even have to look for side jobs for minimum maintenance
The court ruled in favor of the father, stating that side incomes should be considered. Parents have a special responsibility for the maintenance of their children and therefore an "increased maintenance obligation," the court explained. If the income of the parent obligated to pay maintenance was not sufficient to cover their own needs and those of the children, they must "achieve the feasible income ... by using their labor force as much as possible and taking on any suitable work."
In the case of minor children, parents even have a so-called increased obligation to work. This means they are obligated to use all their available free time to apply for jobs that can cover not only their own needs but also the maintenance needs of their minor children. To achieve this, they may also have to take on additional activities, including side jobs such as delivering newspapers or waiting tables.
Working 48 hours a week is reasonable
In the case of the woman, her side job was taken into account because she was originally only working around 31 hours a week in her main job. Even if she now works full-time, the side job should be considered to help her reach the minimum maintenance amount. It is reasonable for the woman to work up to 48 hours a week. With the additional job at an outpatient care service, working around 24 hours a month, this total working time is not exceeded.
In light of the court's decision, parents in similar situations might need to consider taking on side jobs to meet their minimum maintenance obligations. The ruling emphasizes that parents have a heightened responsibility to utilize their labor force fully and secure adequate income for their children's needs.
