Elternunterhalt

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Grundsätzlich schulden Kinder ihren Eltern Unterhalt.

Wird für die Eltern Sozialhilfe erbracht, geht der Unterhaltsanspruch auf den Träger der Sozialhilfe über. Der Sozialhilfeträger verlangt dann von den Kindern Auskunft über deren Einkommen und Vermögen, gleichzeitig wird  eine Rechtswahrungsanzeige zugeschickt. Gegen die Aufforderung zur Auskunftserteilung kann innerhalb eines Monats ab seiner Bekanntgabe Widerspruch erhoben werden. Immer dann, wenn ein Auskunftsanspruch offentlich ausgeschlossen, beschränkt oder entfällt empfiehlt es sich, fachkundige Hilfe heranzuziehen. Für Streitigkeiten gegen Auskunftsansprüche des Sozialhilfeträger sind die Sozialgerichte zuständig.

Der monatliche Elternunterhalt richtet sich nach der Höhe des Einkommens des Kindes.

Gegenüer den Eltern wird dem Unterhaltspflichtigen ein angemessener Selbstbehalt nach der Düsseldorfer Tabelle (Stand:01.01.2016) bei Alleinstehenden 1.800 Euro, bei Verheirateten 3.240 Euro zugebilligt. Einkommen über diese Beträge hinaus gehen zur Hälfte an die Eltern.

Beispiel: Bereinigtes Nettoeinkommen des alleinstehenden Unterhaltspflichtigen 1.900 Euro – Selbstbehalt 1.800 Euro = Resteinkommen 100,00 Euro x 50% = Unterhalt für die Mutter 50,00 Euro.

Dabei muss ein Unterhaltspflichtiger grundsätzlich auch den Stamm seines Vermögens zur Bestreitung des Unterhalts einsetzen.

Wenn keine Einigung über den Unterhalt besteht, muss der Sozialhilfeträger den Anspruch beim Familiengericht einklagen, um ein Unterhaltstitel zu erwirken.

Ändern sich die Umstände nach Abschluss des Unterhaltsverfahren, so kann eine Abänderung des bisherigen Unterhaltstitels verlangt werden.
Der Beitrag enthält allgemeine Informationen zu rechtlichen Themen. Eine rechtliche Beratung im Einzelfall kann er nicht ersetzen.
 
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