After § 1611 I 1 BGB gets no child support of relatives, who by his own moral negligence has become vulnerable - in fact on drug use suggests itself. Nevertheless, it appears that the OLG Frankfurt with adult children who have brought their vulnerability to drug use.
In his Judgement of 07/14/2010, Case No.: 238/09 = 2 UF FamRZ 2011, 226, the Court of Appeals expressly points out that the (in this case already 37 years old) child still could control his actions themselves, or by drug addiction already no control had more. Basically, although one
Unterhaltsverwirkung be accepted due to ethical misconduct, if the adult child's vulnerability due to excessive drug - or alcohol use had caused themselves (evidence KG FamRZ 2002, 1357 and OLG Celle, FamRZ 1990, 1142). However, alcohol or drug addiction will also be a negative ability to control disease.
come in this case a forfeiture of the maintenance claim only be considered if the intelligent capable adult child refuses to submit to a promising medical treatment or after such treatment, the doctors orders not taken and will re-offend.
who was no longer able to control, which could also not be blamed, "have way culpable in the acknowledged requirement of morality left aside" - and it was the opinion of the Court in this case. The child had a right to maintenance, because the power of the social assistance fund to § 94 SGB XII I went over to this. However, its recourse was wg. § 94 SGB II XII to 20.00 € limited monthly. In that regard, attacked the privileges of the parents of disabled or terminally ill children who are protected by the illness of the child so beaten enough already.
Focus family law quick info on the ruling (click to enlarge):
this post for future reference and Asudrucken download as a pdf .
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