Children who are undergoing vocational training have the right to claim maintenance from their parents even after the children have come of age. They are entitled to this until they are financially independent, i.e. have completed their vocational training and are earning their own money. The entitlement is based on the premise that they, more or less, purposefully undergo their vocational training.
In the case in question, at the Youth Welfare Office, a father had obtained an official document where the child maintenance payment for his under-age son had been determined. When the son came of age, the father wanted the son to waive the rights in this official document. The son did not comply with this request and, instead, notified his father that he was studying and sent his BAföG [federal education assistance loan] assessment to the father. Thereupon, the father initiated legal proceedings in which he requested, in particular, information about the financial situation of the child’s mother.
The OLG, in its decision from 14.11.2019 (case reference: 3 UF 96/19) ruled in favour of the father and granted him the right to information. For the maintenance claim of an adult child – unlike that of an under-age child – the financial situation of both parents is relevant. That is why each parent has to know what income is generated by the other parent in order to be able to calculate his/her share of the child’s needs. According to the OLG, in the case law it is not entirely clear whether or not one parent is able to directly request this information from the other one. Notwithstanding this, the child that requests maintenance from one parent would have to ensure that s/he obtains information about the income of the other parent.