Maintenance payments to 27-year-old son?
March 19, 2010 | 20,00 EUR | answered by Bernhard Müller
My wife's son (who was not adopted or taken in lieu of a child by me) completed his training as a materials tester at the time and worked in this profession for several years after passing the exam. He was mutually terminated by his boss because the company was not doing well, and he received a small severance payment. Now the job-seeking son wants to go back to school and obtain his high school diploma.
Can my wife and I, or either of us, be held liable for maintenance payments? The son is 27 years old and has had his own household for years.
Dear questioner,
You do not have to pay maintenance because you are not related to the child.
Your wife had to pay maintenance until the end of the initial education, and in the meantime, she was able to adjust to the fact that her son supports himself. Therefore, your wife is also not obligated to pay maintenance.
So, the answer to your question is no.
Your wife's son must apply for unemployment benefits at the employment agency for the time until the start of school. If this is not enough to live on, he also has the option to apply for additional benefits under the SGB II, namely the so-called "Hartz 4."
If your wife's son retakes his high school diploma, he may be eligible for BAföG during his time in school (383 euros + up to 72 euros for accommodation costs). Section 12 BAföG. If this amount is not sufficient, the student can also receive a supplement for the uncovered accommodation costs from the Job Center under Section 22 VII SGB II in addition to BAföG.
The parents' income is not taken into account according to Section 11 III BAföG. He should apply to the BAföG office as soon as he receives confirmation from the school.
Yours sincerely,
Bernhard Müller, Lawyer
