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1613 BGB necessary prerequisite request for information on economic circumstances

July 22, 2016 | 40,00 EUR | answered by Jan Wilking

One of the exceptions mentioned, alternatives do not exist. Can you also provide legal precedent for the necessary requirement "a request for information on income and assets"? The proceedings would be pending in Frankfurt Main if a lawsuit is filed by the child's mother. Thank you.

Jan Wilking

Dear seeker of advice,

thank you for your follow-up question.

The requirement is directly derived from the legal text:

"The entitled person can only demand performance or damages for non-performance from the point in time at which the obligated person was requested to provide information about their income and assets for the purpose of asserting the maintenance claim..."

The purpose of this norm is to protect the obligated person from high retroactive claims and the uncontrolled growth of maintenance obligations for past periods (Higher Regional Court of Hamm, 10.07.2013 - 13 UF 39/13). Maintenance serves to ensure the current livelihood. To avoid a loss of rights, the entitled person must take legal actions (Federal Supreme Court, 28.10.1964 - IV ZR 238/63 = BGHZ 43, 1, 6, 7). Only then does the protection of the obligated person cease.

Therefore, a general request for information is not sufficient; the information must be requested for the purpose of asserting a specific maintenance claim, and the respective entitled person must be clearly identified as asserting a maintenance claim (Federal Government Draft Bill 13/7338, 53).

Best regards