A mother who was not married to her father 's father from the front keeps his maintenance rights in a new partnership. One whether a woman lives in a committed relationship with a new partner is irrelevant to the question of maintenance claim, the Higher Regional Court (OLG) awarded Frankfurt am Main.
However, this does not apply to all mothers: an unmarried woman is not to equate to a legitimate mother being forfeited by a new partnership, the maintenance claim, she says in the decision now published.
In this case, the parents had already separated before the birth of their child. The mother claimed maintenance payments from the father for the first three years of the child's life. He refused, among other things, on the basis that the woman with a new partner lived with each other.
This reasoning was not followed by the Senior Regional Court. The equal treatment of mothers who are not married and lawful in maintenance work should not be extended "due to an unlawful maintenance claim by the mother," said the court.
Due to the underlying importance of the case, the OLG allowed the appeal to the Federal Court.
2 UF 273/17