Maintenance Claims: The Right to Information and Supporting Documents

Introduction

In maintenance claims, the amount of the claim depends on the needs of the claimant and the ability of the obligated party to pay. To determine this, a claim for disclosure can be asserted, regulated, among other things, in § 1605 BGB (German Civil Code) for maintenance among relatives. This claim can be exercised by both the maintenance beneficiary and the obligated party.

When is a Right to Information Applicable?

A right to information exists when the desired information is relevant to the calculation of the maintenance claim. Only when it is clear that the information will not contribute to this does the obligation to provide information lapse.

The FamFG (Family Procedure Act), introduced on 1.9.2009, has established a procedural obligation for disclosure in § 235 Abs. 1 FamFG. The court can order disclosures if they are relevant for the assessment of maintenance. If one of the parties requests such an order, the court is obligated to issue it.

Information Claims for Minor Children

In this case, the child has a right to information against the parent who is obligated to pay cash support. Interestingly, the obligated parent must also provide information about the income of their spouse, although they do not have to prove this information. Conversely, the parent obligated to pay cash support can request information from the child to check the child’s neediness.

Information Claims for Adult Children

Adult children are entitled to information from both potentially obligated persons, typically both parents. Conversely, parents have a right to information from the child, which is extensive: In addition to income and assets, education, school completion, side jobs, income of the other parent, and child benefit payments are relevant.

The Claim for Supporting Documents

In addition to the obligation to provide information, § 1605 Abs. 1 Sentence 2 BGB also allows for the demand for documents that substantiate the statements. These must be specifically named in the application. For non-self-employed persons, these are typically the last 12 salary statements and the last tax assessment.

Special Features for Self-Employed Persons

There are special regulations for self-employed individuals. Depending on the type of profit determination, the balance sheets or income-surplus calculations for the last three years must be submitted.

Obligation to Provide Evidence for Income from Rent, Lease and Capital Assets

Specific documents are required here, such as income-surplus calculations or annual bank statements on capital gains and sales profits.

Summary

To correctly calculate the maintenance claim, accurate information about the income and financial circumstances of the parties involved is required. The legal regulations therefore provide for extensive obligations to provide information and documents for both maintenance beneficiaries and obligated parties.