Germany
Maximilianstr. 280539 München
Germany+49 89 4444 373-20
Kanzlei Verbracken & Partner
Maintenance claims and insolvency
Maintenance affects your family’s financial security. A sustainable fresh start requires distinguishing ongoing obligations, arrears and the effects of insolvency.
Maintenance obligations and existing orders
Section 1601 BGB establishes maintenance obligations between relatives in the direct line, particularly parents and children. Entitlement and amount depend on further conditions. Existing orders, agreements and current income should be assessed together. A change in ability to pay does not automatically amend an order.
Arrears: the exception under § 302 InsO
Not all maintenance arrears are automatically excluded from German discharge. Section 302 no. 1 InsO concerns statutory maintenance intentionally and unlawfully withheld, with the special legal basis registered. Insolvency does not simply cancel ongoing obligations. Periods and reasons for non-payment must therefore be distinguished carefully.
Family and international proceedings
After a move abroad, maintenance, jurisdiction and enforcement remain separate legal questions. EU insolvency does not generally eliminate family obligations. For planning, we review maintenance orders, arrears, income and household expenses and coordinate legal questions with the appropriate professionals.
Your situation deserves a clear next step.
We assess your circumstances personally and involve the appropriate professionals for legal and tax questions.