My kid has now failed college

Maintenance obligation after dropping out of studies and transition period

Dear person seeking advice,

I would be happy to answer your questions as follows:

Basically, the following applies initially: According to Section 1610 (2) BGB, child maintenance is owed until the completion of initial vocational training.

According to the highest court rulings, this maintenance claim is to be regarded as forfeited if an adult child breaks off an education without looking for a new job and thus becomes unemployed. The parents do not bear the risk of the child becoming unemployed. In such a case, maintenance is owed for a reasonable transition period. The assessment of "appropriateness" is always an individual decision that must take into account the exact circumstances and reasons for the termination. A period of up to 3 months will often have to be assumed here.

The statements made above also apply in principle to discontinuing training due to reorientation and starting a new training. At most, if the child makes the decision to change the professional direction for understandable reasons shortly after the start of the training, the subsequent training will also have to be financed by the parents. The reorientation phase to be granted usually ends after 3 semesters for students.

At least the last-mentioned requirement is not met in the case you have described, which is why you are not or no longer obliged to finance further training.

Otherwise, the following applies: The amount of the maintenance claim of an adult child is determined from the combined income of the parents. The adult child must have his or her own income and child benefit offset against the payment amount determined in this way, taking into account training-related costs. Only then is the amount of maintenance to be borne by the respective parent determined. Child benefit payments are of course taken into account as long as they are actually paid to the child.

If I overlooked any questions, please use the inquiry function.

With best regards

Wundke
Lawyer