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=U3= UTit1 -- Subtitle 1 General provisions
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=U4= Sec1601 -- Section 1601 Persons with an obligation to maintain
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=S=> BGB 1601 Lineal relatives are under an obligation to maintain each other .
=U4= Sec1602 -- Section 1602 Indigence
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=S=> BGB 1602. 1 Only a person who is incapable of maintaining himself is entitled to maintenance .
=S=> BGB 1602. 2 A minor unmarried child may demand from its parents , even if it has assets , the payment of maintenance to the extent that the income of its assets and the income of its work are not sufficient for maintenance .
=U4= Sec1603 -- Section 1603 Ability to pay
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=S=> BGB 1603. 1 A person who , taking into account his other duties , is unable , without endangering his reasonable maintenance , to pay maintenance has no obligation to maintain .
=S=> BGB 1603. 2 If parents are in this situation , they are obliged to their minor unmarried children to use all available funds equally for their maintenance and the maintenance of the children . Unmarried children of full age are equivalent to the minor unmarried children , until these reach the age of twenty-one , as long as they live in the household of the parents or of one parent and are in general education . This obligation does not arise if another relative with an obligation to maintain is available ; nor does it arise with regard to a child whose maintenance can be paid from its basic assets .
=U4= Sec1604 -- Section 1604 Influence of the matrimonial property regime
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=S=> BGB 1604 Where the person with an obligation to maintain lives under the matrimonial property regime of community of property , his obligation to maintain towards relatives is determined as if the marital property belonged to him . Where both persons living under the matrimonial property regime of community of property have indigent relatives , the maintenance is to be paid from the marital property as if the indigent relatives had the relationship to both persons with an obligation to maintain on which the obligation to maintain of the person obliged is based .
=U4= Sec1605 -- Section 1605 Duty of information
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=S=> BGB 1605. 1 Lineal relatives are obliged to each other , on request , to supply information on their income and their assets , to the extent that this is necessary to establish a maintenance claim or a maintenance obligation . On the amount of the income , on request , supporting documents , in particular certificates from the employer , must be submitted . Sections 260 and 261 apply with the necessary modifications .
=S=> BGB 1605. 2 Before the end of a two-year period , information may be demanded again only if it is credibly established that the person with a duty to give information later acquired a substantially higher income or further assets .
=U4= Sec1606 -- Section 1606 Order of priority of more than one person obliged
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=S=> BGB 1606. 1 The descendants are obliged to provide maintenance before the ascendants .
=S=> BGB 1606. 2 Among the descendants and among the ascendants , the closer relatives are liable before the more distant relatives .
=S=> BGB 1606. 3 More than one equally close relative are liable on a pro rata basis on the basis of their earnings and property situation . The parent who is caring for a minor unmarried child fulfils his obligation to contribute to the maintenance of the child as a rule in the care and upbringing of the child .
=U4= Sec1607 -- Section 1607 Substituted liability and statutory passing of claim
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=S=> BGB 1607. 1 To the extent that a relative , on the basis of section 1603 , has no obligation to maintain , the relative liable after him must pay maintenance .
=S=> BGB 1607. 2 The same applies if the prosecution of rights against a relative within the country is excluded or substantially more difficult . The claim against such a relative , to the extent that another relative obliged under subsection ( 1 ) pays the maintenance , passes to the latter .
=S=> BGB 1607. 3 The maintenance claim of a child against a parent , to the extent that , subject to the requirements of subsection ( 2 ) sentence 1 , another relative who is not liable for maintenance , or the spouse of the other parent , pays maintenance in place of the parent , passes to the latter . Sentence 1 applies with the necessary modifications if a third person pays the child maintenance as father .
=S=> BGB 1607. 4 The passing of the maintenance claim may not be asserted to the disadvantage of the person entitled to maintenance .
=U4= Sec1608 -- Section 1608 Liability of the spouse or civil partner
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=S=> BGB 1608. 1 The spouse of an indigent person is liable before that person's relatives . However , to the extent that the spouse , taking into account his other duties , is unable , without endangering his reasonable maintenance , to pay maintenance , the relatives are liable before the spouse . Section 1607 ( 2 ) and ( 4 ) applies with the necessary modifications . The civil partner of the indigent person is liable in the same way as a spouse .
=S=> BGB 1608. 2 ( repealed )
=U4= Sec1609 -- Section 1609 Priority of more than person entitled to maintenance
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=S=> BGB 1609 If there is more than one person entitled to maintenance and if the person liable for maintenance is unable to pay maintenance to all , the following order of priority applies : minor unmarried children and children in the meaning of section 1603 ( 2 ) sentence 2 , parents who are entitled to maintenance for the care of a child , or would be so entitled in the case of a divorce , and spouses and divorced spouses in the case of a long marriage ; if it is determined that the marriage was long , account must also be taken of disadvantages in the meaning of section 1578b ( 1 ) sentences 2 and 3 , spouses and divorced spouses who do not fall under no . 2 , children who do not fall under no . 1 , grandchildren and more distant descendants , parents , further ascendants ; among these , the more closely related take precedence over the more distantly related .
=U4= Sec1610 -- Section 1610 Amount of maintenance
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=S=> BGB 1610. 1 The amount of maintenance to be paid is determined according to the position in life of the indigent person ( appropriate maintenance ) .
=S=> BGB 1610. 2 The maintenance includes all the necessities of life , including the costs of appropriate training for an occupation , and in the case of a person needing education , also the costs of education .
=U4= Sec1610a -- Section 1610a Presumption of cover in the case of additional expenditure resulting from injury
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=S=> BGB 1610a If social security benefits are claimed for outlays as the result of injury to body or health , then when a maintenance claim is determined , it is presumed that the costs of the outlays are not less than the amount of these social security benefits .
=U4= Sec1611 -- Section 1611 Restriction or end of obligation
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=S=> BGB 1611. 1 If the person entitled to maintenance has become indigent as a result of his moral fault , if he has grossly neglected his own obligation to maintain towards the person liable for maintenance or intentionally committed severe misconduct against the person liable for maintenance or a close relative of the person liable for maintenance , the person liable for maintenance need pay a contribution to maintenance only in the amount that is equitable . The obligation lapses completely if it would be grossly inequitable for the person liable for maintenance to be claimed on .
=S=> BGB 1611. 2 The provisions of subsection ( 1 ) do not apply to the obligation of parents to maintain their minor unmarried children .
=S=> BGB 1611. 3 The indigent person may not , by reason of a restriction of his claim arising under these provisions , claim on other persons liable for maintenance .
=U4= Sec1612 -- Section 1612 Nature of maintenance payment
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=S=> BGB 1612. 1 The maintenance is to be rendered by making periodical payments . The person liable for maintenance may demand that he be paid the maintenance in another form if special reasons justify this .
=S=> BGB 1612. 2 If parents are obliged to pay maintenance to an unmarried child , they may determine in what form and for what period in advance the maintenance is to be paid , provided the necessary account is taken of the concerns of the child . If the child is a minor , a parent who does not have care for the person of the child may make a determination only for the time in which the child is taken into the household of the parent .
=S=> BGB 1612. 3 Periodical payments must be paid monthly in advance . The person obliged owes the full monthly amount even if the person entitled dies in the course of the month .
=U4= Sec1612a -- Section 1612a Minimum maintenance of minor children
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=S=> BGB 1612a. 2 The percentage must be limited to one decimal place ; every further decimal place resulting is not taken into account . The amount resulting from the calculation of the maintenance is to be rounded up to whole euros .
=S=> BGB 1612a. 3 The maintenance of a higher age bracket applies from the beginning of the month in which the child reaches the relevant age .
=S=> BGB 1612a. 4 and ( 5 ) ( repealed )
=U4= Sec1612b -- Section 1612b Meeting cash requirements through child benefit
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=S=> BGB 1612b. 1 The child benefit for the child is to be used to meet its cash requirements as follows : half of the child benefit if one parent performs his obligation to maintain by caring for the child ( section 1606 ( 3 ) sentence 2 ) ; in all other cases , the complete child benefit . To this extent , it reduces the cash requirements of the child .
=S=> BGB 1612b. 2 If the child benefit is increased to take account of a child that is not a child of both spouses , it is , in the amount of the increase , not to be taken into account as reducing the requirements .
=U4= Sec1612c -- Section 1612c Set-off of other child-related payments
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=U4= Sec1612b -- Section 1612b applies with the necessary modifications for regularly recurring child-related payments to the extent that they exclude the claim for child benefit . Section 1613
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=S=> BGB 1612b Maintenance for the past
=S=> BGB 1612b. 1 For the past , the person entitled may claim performance or damages for non-performance only from the date on which the person obliged , for the purpose of asserting the maintenance claim , was requested to provide information on his income and his assets , on which the person obliged was in default or on which the maintenance claim became pending at court . The maintenance is owed from the first of the month in which the events referred to fall if the maintenance claim existed in principle on this date .
=S=> BGB 1612b. 2 The person entitled may demand performance for the past without the restriction of subsection ( 1 ) by reason of an irregular exceptionally high need ( special need ) ; after the end of a one-year period since it arose , this claim may be asserted only if the person obliged is first in default or the claim has become pending at court ; for the period in which he a)for legal reasons or b)for factual reasons which fall into the area of responsibility of the person liable for maintenance , was prevented from asserting the maintenance claim .
=S=> BGB 1612b. 3 In the cases of subsection ( 2 ) no . 2 , performance may not be demanded , may be demanded only in instalments or may be demanded only at a later date to the extent that full or immediate performance would be an inequitable hardship for the person obliged . This also applies to the extent that a third person demands compensation from the person obliged because he has paid maintenance in place of the person obliged .
=U4= Sec1614 -- Section 1614 Waiver of maintenance claim ; advance performance
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=S=> BGB 1614. 1 Maintenance may not be waived for the future .
=S=> BGB 1614. 2 Advance performance releases the person obliged , in the case where the person entitled becomes indigent again , only for the period of time laid down in section 760 ( 2 ) or , if he himself was to determine the period of time , for a period of time that is appropriate in the circumstances .
=U4= Sec1615 -- Section 1615 Extinction of the maintenance claim
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=S=> BGB 1615. 1 The maintenance claim expires on the death of the person entitled or of the person obliged , to the extent that it is not directed at performance or damages for nonperformance for the past or at such performance to be made in advance as is due at the time of the death of the person entitled or of the person obliged .
=S=> BGB 1615. 2 In the case of the death of the person entitled , the person obliged bears the costs of the funeral to the extent that payment for it cannot be obtained from the heir .
=U3= UTit2 -- Subtitle 2 Special provisions for the child and its parents who are not married to each other
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=U4= Sec1615a -- Section 1615a Applicable provisions
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=S=> BGB 1615a If there is no paternity under section 1592 no . 1 and section 1593 for a child and if the parents also did not conceive the child during their marriage or enter into marriage with each other after its birth , the general provisions of law apply to the extent that the following provisions do not state otherwise .
=U0= -- --
=U4= Sec1615l -- Section 1615l Maintenance claim of mother and father by reason of the birth
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=S=> BGB 1615l. 1 The father must pay the mother maintenance for a period of six weeks before and eight weeks after the birth of the child . This also applies to the costs that arise as a result of the pregnancy or the delivery outside this period .
=S=> BGB 1615l. 2 To the extent that the mother is not engaged in gainful employment because as a result of the pregnancy or of an illness caused by the pregnancy or the delivery she is incapable of doing so , the father is obliged to pay her maintenance for a period exceeding the period set out in subsection ( 1 ) sentence 1. The same applies to the extent that the mother cannot be expected to be engaged in gainful employment by reason of the care or upbringing of the child . The obligation to maintain begins at the earliest four months before the birth and continues for at least three years after the birth . It is extended , as long as and to the extent that this is equitable . Here , particular account is to be taken of the concerns of the child and the existing possibilities of childcare .
=S=> BGB 1615l. 3 The provisions of the obligation to maintain between relatives apply with the necessary modifications . The obligation of the father takes precedence over the obligation of the relatives of the mother . Section 1613 ( 2 ) applies with the necessary modifications . The claim does not expire on the death of the father .
=S=> BGB 1615l. 4 If the father cares for the child , he has the claim under subsection ( 2 ) sentence 2 against the mother . In this case , subsection ( 3 ) applies with the necessary modifications .
=U4= Sec1615m -- Section 1615m Funeral costs for the mother
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=S=> BGB 1615m If the mother dies as a result of the pregnancy or the delivery , the father bears the costs of the funeral to the extent that payment for it cannot be obtained from the heir of the mother .
=U4= Sec1615n -- Section 1615n No expiry on the death of the father or stillbirth
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=S=> BGB 1615n The claims under sections 1615l and 1615m exist even if the father dies before the birth of the child or if the child is stillborn . In the case of a miscarriage , the provisions of sections 1615l and 1615m apply with the necessary modifications .
=U4= Sec1615o -- Section 1615o repealed
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