Oldenburg Higher Regional Court Sets Clear Boundaries for In-Kind Maintenance Contributions from the Custodial Parent

Notice Decision of May 16, 2023 – 3 UF 32/23

In a recent ruling, the Oldenburg Higher Regional Court has specified the conditions that must be met for the consideration of in-kind maintenance contributions from the custodial parent in the context of spousal maintenance. The court explicitly refers to the recent case law of the Federal Court of Justice (see FamRZ 2022, 1366, annotated by Langeheine).

No “Automatic” Deduction of In-Kind Maintenance

The court makes it clear that an “automatic” deduction of in-kind maintenance from the income of the custodial parent in spousal maintenance is not justified. This contradicts the previous case law of the Federal Court of Justice.

Necessary Demonstration of Actually Incurred Additional Expenses

To consider the in-kind maintenance, it is necessary for the custodial parent to demonstrate an actually incurred additional expense. This demonstration must follow the usual rules for the burden of presentation and proof, which apply to both the beneficiary and the obligated party.

Only Actually Rendered Services Are Eligible for Consideration

The court stressed that only services that have actually been provided are eligible for consideration. It is therefore insufficient for the custodial parent to merely claim to have provided certain services without substantiating this claim.

Required Legal Obligation to Provide In-Kind Maintenance

Furthermore, there must be a corresponding legal obligation to provide the in-kind maintenance, as voluntary services usually do not affect the maintenance legal relationship. This means that such services do not lead to a reduction in the maintenance claim.

No “Automatic” Consideration When the Appropriate Retention Limit is Undercut

The court also clarified that an “automatic” consideration of in-kind maintenance contributions is excluded if this would lead to the custodial parent falling below the appropriate retention limit. In such cases, the welfare of the custodial parent must take precedence.

Conclusion

The notice decision of the Oldenburg Higher Regional Court of May 16, 2023, sets clear standards for the consideration of in-kind maintenance contributions from the custodial parent in the context of spousal maintenance. This represents an important clarification in maintenance law and serves to ensure a fair and transparent handling of maintenance claims.