Is clothing included in child support?
February 9, 2011 | 30,00 EUR | answered by RA Kristian Hüttemann
Hello everyone,
my husband and I have been married for 2 years. He has a 9-year-old daughter who regularly and happily stays with us. We also have her every other holiday. My husband has been divorced for 3 years. His ex-wife has also been remarried but is now divorced again. Since the Christmas holidays, the ex-wife has decided not to provide the child with change of clothes, even during the holidays. My husband is expected to buy everything himself. My husband pays child support regularly and on time, and things like half of the school trips are not a problem for us. Since there is no contact between the former spouses and it is not possible, the child is suffering from this situation. What should we do???????? Shouldn't she be responsible for providing clothing? Are there no laws or rulings from the family court regarding this? Thank you in advance.
Dear client,
Thank you for your inquiry, to which I would like to respond based on the facts you have provided as follows.
I.
In principle, the ex-wife provides the child with natural support by raising and caring for the child. In doing so, she fulfills her obligation of support. In contrast, the father of the child is obligated to provide financial support. He fulfills his obligation by making support payments.
II.
The financial support provided by the father is intended for the child. The mother is obligated, within the framework of the natural support mentioned above, to use the funds from the financial support to cover expenses for clothing for the child. Therefore, if the father makes his support payments, the mother is also obligated to provide comprehensive care for the child, including clothing. These obligations apply even when the child is staying with the father.
III.
It is possible, however, to make a different agreement regarding the provision of support for clothing in the future. The type of support provision is subject to changes, as shown in Section 1612 of the Civil Code. It could be agreed, for example, that the father purchases clothing for the child during the child's stay with him.
Such an agreement can only be reached by the parents in mutual agreement.
I hope this gives you an appropriate overview of the legal situation.
If you have any further questions, please do not hesitate to ask.
Sincerely,
Kristian Hüttemann
Lawyer
