A common constellation, the man filed for divorce and will pay a two-court charges. The woman gets legal aid and court costs is thus free to § 76 FamFG conjunction with § 122 I 1 ZPO .
After the divorce will again have the man in the way of compensation for court costs, half of its paid-in advance of his wife. The contradicts the OLG Stuttgart.
In its decision of 02.07.2011 - 8 WF 7 / 11 there notes that precludes the granting of legal aid the implementation of the compensation court costs. Instead, the applicant may request the which it is entitled to his ex-wife legal fees from the state treasury. This is so even Constitutional Court NJW 1999, 3186 = FamRZ 2000, 474 decided 122
"It goes against the general principle of equality, although we must pay for legal help an impecunious plaintiff in any case, court costs, not to the state treasury (§ ZPO) or to the defendant because it because of the temporary exemption from court fees to court costs decision (§ 122 II ZPO) have no right to reimbursement under § 123 ZPO against him, a penniless inferior Defendant, however, is the prevailing plaintiff a strong obligation to reimburse up to the decision on costs of this vorauslagten court costs. "
§ 2 V p. 2 GKG be interpreted so that the depositing claimant had a back Tatung claims on the Treasury § 2 III FamGKG has the identical words used. must therefore be subject to the interpretation for the current legal situation.
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