I am prematurely retired. Since my pension is small, I have applied for supplementary benefits (EL). Now has informed me of the competent social authority, with how much EL can I expect. However, she has not I have paid child support to my son included. As a result, I get much less EL.
My son is of full age, and lives with his mother abroad. With her I completed a separation agreement. This obliged me to pay child support, what I have proven over and up to the graduation of my son, still would have to do. I do not understand, therefore, why these payments are not in my EL needs to be included.
in fact, not be recognised in the supplementary services all of the expenditures. Such as maintenance are taken into account, payments to children, but only if the payments are due. Now you could argue that parents are obligated to support their children, until adequate training is completed. According to the law, parents have to pay for already-adult children only if they are financially able to do so. Otherwise, the maintenance is not reasonable.
This Act clause is in your case is crucial, because the supplementary benefits they live on the existence minimum. The Federal court has confirmed in several Judgments that the covers can be channels and Recipients of the maintenance for their adult children is not expected. On this case law, the decision of the EL-authority based. That explains why you have no Maintenance payments in their personal EL-Budget credited.
Although they have pledged to the mother of your son to pay until the end of his studies for him, you are no longer obliged to because of their financial Situation.
Andrea Fischer answered your questions to the employment law, consumer law, social security law and family law. Send them to geldundrecht@tamedia.ch
Created: 02.12.2019, 09:03 PM
