Am I legally obligated to financially support my parents in old age?
January 29, 2023 | 50,00 EUR | answered by Piotr Gehrmann
Dear lawyer,
My name is Sven Schlittmaier and I am facing an important question regarding my financial obligations towards my parents in their old age. Both of my parents are now retired and have only a small pension available. Since they have no significant savings or other financial resources, they are worried about being able to maintain their standard of living in old age.
As their son, I naturally feel morally obligated to help and support my parents financially when needed. However, I also want to make sure that I am legally obligated to do so and what consequences there might be if I do not provide this support.
Therefore, I would like to know from you as a lawyer if there is a legal obligation in Germany to financially support one's parents in old age. Are there specific maintenance claims that parents have against their children that are enshrined in the law? And what legal consequences could there be if I do not fulfill my parental maintenance obligation?
I want to ensure that I understand all the legal aspects of this situation in order to make an informed decision. Therefore, I would be grateful if you could provide me with possible solutions or recommendations on how to best support my parents in their old age.
Thank you in advance for your assistance.
Sincerely,
Sven Schlittmaier
Dear Mr. Schlittmaier,
Thank you for your inquiry regarding your financial obligations towards your parents in old age. It is commendable that you are thinking about how best to help your parents in their situation. In Germany, there are indeed legal regulations regarding the obligation to provide support to parents.
According to § 1601 of the German Civil Code (BGB), relatives in direct line (parents and children) are obligated to support each other. This means that as a child, you are generally obligated to provide support to your needy parents if they are unable to support themselves adequately. This obligation exists regardless of whether your parents receive social benefits or not.
However, there are a number of conditions and circumstances that need to be considered in order to specify this obligation. For example, the amount of support depends on various factors such as the income of the person obligated to provide support, the income of the person entitled to support, and other personal circumstances. It is important to conduct an individual assessment in order to determine the exact amount of support.
If you fail to provide support to your parents who are entitled to it, legal consequences could ensue. Your parents would then have the option to pursue a claim for support against you in court. This could result in the enforcement of the payment obligation through legal means and, in the worst case, could lead to enforcement measures.
To best support your parents and avoid legal conflicts, I recommend that you seek advice from a family law attorney early on. They can help you calculate the exact amount of support, assess any claims from your parents, and negotiate with your parents to find a mutually acceptable solution.
In conclusion, it is important to be aware of the legal regulations regarding the obligation to provide support to parents and to take appropriate measures in a timely manner to support your parents in old age as effectively as possible.
I hope this information was helpful to you. If you have any further questions, please do not hesitate to contact me.
Sincerely,
Piotr Gehrmann, Attorney at Law
