Many of the children of parents in need of care are afraid of the social welfare office: in the past few weeks, places in nursing homes have become extremely expensive, often by 600 to 1000 euros per month. Since countless home residents can no longer pay for the escalating personal contributions, more and more are now dependent on social assistance, as the care protection association Biva has observed. In most cases, however, the fear that social welfare agencies will take the money back from the offspring is unfounded. Since 2020, very few children have had to pay parental maintenance. “But word hasn’t really gotten around yet,” says Holger Heinen, a specialist lawyer for family law in Kleve. Who can be called upon to pay maintenance and how it is calculated – an overview:
What does the law say?
Relatives in a straight line are obliged to support them, so children are obligated to their parents. This is what paragraph 1601 of the German Civil Code (BGB) provides. Since 2020, however, only very few children have actually had to pay parental maintenance. The reason for this is the “Relative Relief Act”. If parents have to apply for “help for care”, i.e. social assistance, because their pension and assets are no longer sufficient, the social welfare agencies step in first. You can then get the money back from the offspring – but only from children who earn more than 100,000 euros gross a year. If you are below the 100,000 euro limit, you definitely cannot be asked to pay. “Concerns about a maintenance obligation are therefore unfounded in most cases,” says Jörn Hauß, a specialist lawyer for family law from Duisburg. However, every child is free to voluntarily support their parents.
What counts towards income?
The obligation to pay parental maintenance stands and falls with the 100,000 euro income limit. For employees, the annual gross wage counts. However, total income also includes income from renting and leasing as well as investment income. What the partner earns is irrelevant. For example, if you and your husband earn more than 100,000 euros, you are not obliged to do so. Only your own earnings are decisive. Important: For the 100,000 euro limit, it is not important how much wealth or how much real estate a child has, as Hauss emphasizes. Such values do not count as income. So it can be that a rich heir with little income is left out of the maintenance, but a top earner has to pay. This can already be the case from the first euro over the border.
How is it calculated?
When it comes to the 100,000 euro hurdle, meticulous arithmetic is the order of the day. Tax deductions can help reduce income. For example, if you have two children and earn 115,000 euros a year, you can still be below the maintenance limit after deductions, as Hauss explains. Items for loans, work-related travel expenses, childcare or double household management can be offset. This includes, for example, private pension provision (maximum five percent of gross income), illness-related expenses or maintenance payments to children or spouses, but not the child allowance. Income from honorary positions and part-time jobs do not have to be taken into account up to a certain amount. Heinen advises anyone who is asked by the social welfare agency to provide proof of their income to seek legal advice beforehand. Deductibles are intended to ensure that nobody is ruined by parental maintenance. Some consumer centers also offer legal advice.
Can the social welfare office simply knock on the children’s door?
no The “Relatives Relief Act” assumes that the children’s income does not exceed 100,000 euros. The offspring is therefore not obliged to provide information about their income. However, if the social welfare agency receives information on the Internet, for example, that a child is earning a lot, it must disclose its income. If, for example, the occupation indicates high earnings, such as in the case of top managers, board members or chief physicians, the social welfare agency will get in touch. It is also possible that a resident of the home should provide information on the child’s occupation. If the mother or father cannot provide any information, the office cannot refute the assumption of income. Important: The social welfare agency can only demand maintenance for 2022 when it is clear that the child actually exceeded the income limit of 100,000 euros that year. And that is only possible when the final tax assessment from the tax office is available.
What about other family members?
Children-in-law are left out when it comes to child support. They are not related to their in-laws who require care and are therefore not obliged to pay. It gets more complicated with siblings. If the mother or father has several children in the home, only the well-earning offspring who exceed the 100,000 euro limit have to pay. However, he does not have to take over the share of the siblings, the social welfare office pays that. The maintenance obligation is based on the financial possibilities of the children. But: Before adult children are even brought up, the parents are liable for one another. The obligation to support each other financially applies when the partner in need of care comes to the home while the other stays at home. He or she must then contribute to the costs of the home, up to a certain amount. There is no income limit of 100,000 euros for mother and father. If both parents are out of the house, they must also use their property for care if necessary. If their money is no longer enough, the social welfare office steps in. Currently, 40 percent of the home residents are already receiving “help for care”. According to the Biva care protection association, their share will soon increase significantly.