In this case, the children have to pay the expenses of their parents

People with small pensions are especially dependent on their children’s money. Janes Wolfe / XP / dpa

Those who have to go home in old age often have to incur heavy costs. The nursing care insurance is €1,693 per month for care row 4 and €2,095 for care row 5. And the rest? The national average is 1,830.84 euros that a person in need of care must pay monthly as their own contribution to the nursing home. Indeed, its average price in Berlin is 2098 euros. If the pension is insufficient, the Social Welfare Office intervenes. He may get the money back from his children. Eligibility for child support. But not everyone can be sued. The most important questions and answers at a glance:

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Who must pay child support?

If the pension, long-term care insurance, and the parents’ private assets are not sufficient to pay for the nursing home or parental home, the costs are practically borne by the public sector initially. However, Social Welfare Offices recover a portion of the home costs from dependent children, provided they have sufficient financial resources or usable income.

Before children are required to pay, parents must use their pension, long-term care insurance benefits, as well as cash and other cash assets, except for a reserve of €5,000. Life insurance may need to be cancelled.

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How much should children pay parents in a nursing home?

With the change in the law on January 1, 2020, the income limit that children must exceed to support their parents has been significantly increased. Accordingly, far fewer children have been required to pay for the maintenance of their dependent parents since then. The new income limit is €100,000 in total per year.

Anyone who earns a lot must pay half of their adjusted net income, which is reduced by deduction, as child support. Adjusted net income is calculated as total income minus certain liabilities and not as net payroll income. In a concrete sense, this means, for example: with an adjusted net income of 4,800 euros and a deduction of 2,000 euros for unmarried couples, there is a maintenance claim of 50 percent of 2,800 euros, i.e. 1,400 euros per month.

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What is the topic of endurance?

The withholding amount is deducted from adjusted net income. It is calculated according to the Düsseldorf 2020 schedule. If he is married, the family contribution increases to currently 3,600 euros per month.

What if you have to pay extra alimony for children or ex-partners?

In this case, the priority of paying this alimony.

If the pension is not enough for the nursing home, the children are required to pay. imago images / allOver-MEV

What is the so-called protective wealth?

This means a certain deduction that must remain with the alimony debtor so that he does not become in need of himself as a result of the alimony obligation. Protected assets typically include a home or apartment complex in which the children themselves live. This was decided by the Federal Court of Justice on August 7, 2013 (Ref: XII ZB 269/12).

Likewise, reserves for repairs, upgrades and purchases such as new cars or vacations are usually not compromised. Old-age security reserves are not used at about five percent of gross income plus four percent interest for maintenance payments.

BUT: There are no general guidelines for determining avoidance potential. In case of doubt, the exact amount will be determined in court. A maintenance law professional can help here.

Can you refuse parental support, for example, if you had an obvious quarrel with your parents?

no In the past, even valid reasons for refusing alimony payments did not lead to the actual exemption of those obligated to pay alimony. According to a ruling by the Federal Court of Justice (BGH), children must pay alimony to their parents even if they have not had contact with their children for decades (BGH, Az.: XII ZB 607/12).

What if there are siblings?

If there are multiple children eligible for alimony payments, it is not distributed on a per capita basis. Siblings are then relatively responsible for parental alimony according to their income and property. As a result, the brother who earns better usually has to raise more money in order to support the parents. By the way: even if only one child out of several exceeds the €100,000 limit, this child does not have to pay full alimony, but only a proportionate amount.

Do I have to fill out the questionnaire from the Social Welfare Office in any way?

Anyone who receives an official questionnaire about parental support because the Social Welfare Office suspects that the income limit has been exceeded, is obliged to answer. This information can even be requested by court order. If you are not sure whether the information on income and assets is correct, you should consult an attorney.

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