Fall in Pirmasens: couple collects 24,000 euros!

Fall in Pirmasens: couple collects 24,000 euros!

At the Pirmasens district court, a couple was convicted of fraud after they had received maintenance advances in the amount of around 24,000 euros. The application for this state support was submitted by the wife at the city of Pirmasens in March 2022, but it quickly became apparent that the information provided did not meet the truth. The court found that the father should have paid child support in accordance with the Düsseldorf table, which makes the basis for the maintenance advance payments unnecessary. This reports the Rheinpfalz.

The woman had stated that the child's father was unknown. This fraud meant that the competent authority had to assume that a payment of maintenance advance was necessary. The law stipulates that maintenance advances to children are paid by single parents if the other parent does not meet its maintenance obligations. This regulation is intended to provide relief in particular, in particular single parents, who are often under financially pressure

legal situation regarding maintenance advance

According to the legal provisions, the parent, in which the authorized child lives, must disclose all essential information about the other parent. If - as in the present case - false information is given, the claims for maintenance advance will expire, and the responsible youth welfare office can reclaim already paid amounts. The child's mother also had the duty to announce the father's name and whereabouts in order to avoid the repayment obligation. If this information is not specified correctly, this means an unjustified enrichment in accordance with § 812 BGB.

As the website asks a lawyer, the repayment obligation is clearly regulated: If the other parent is efficient, the right to maintenance is no longer available. In this case, the father is responsible for paying his maintenance. In the event of false information about the other parent, the competent authority can request the repayment of up to three years, in certain cases even up to ten years.

maintenance advance and its importance

In Germany there are a large number of single parents who rely on financial support. In 2014, this was around 2.7 million single parents, with 60 percent of them looked after for minors. Maintenance advances are important for these families in order to improve the financial situation if the cash maintenance from the other parent fails or is not paid in time.

The maintenance advance law came into force in 1980 and was last revised in July 2017. Since then, children have been able to get maintenance advance until the age of majority without being limited to a maximum limit of 72 months. The current minimum maintenance according to the Düsseldorf table looks sums that vary depending on the age of the child:

The entry of the maintenance advance law shows the urgency of helping single parents and ensuring that children receive the maintenance they are entitled to. Nevertheless, correct information must be given to counteract an unjustified enrichment.