European Law

Have European Law Questions? Ask a Lawyer Now.

Ask an Expert,
Get an Answer ASAP!

European Law
This answer was rated:

My 23-year-old step daughter was born and lives in Germany.

Both her parents are german...
My 23-year-old step daughter was born and lives in Germany. Both her parents are german but divorced in Scotland in 2007. Step daughter was sent back to germany in 2009 to complete her secondary education (realschule?)
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Step daughter lives in Heidelberg but she has dual citizenship in america because of her mother. The problem is she refuses to go to school (had atlas 3 attempts in the past) and did not sit her exams and just didn't go to school. She also refuses to work. Claims she is mentally unfit.
JA: Have you talked to a lawyer yet?
Customer: I am in the process of emailing a lawyer for advice but i haven't signed a contract with one and just waiting on them getting back to me. Im just looking for advice. So far the lawyer says it would have to be my husband that would have to sign a contract with them.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Is this free advice?? I am not native german i am british and don't understand the german education system?
Show More
Show Less
Ask Your Own European Law Question
Customer reply replied 2 months ago
I am looking for advice in regards ***** ***** step-daughter on what is legally my husband’s responsibility in financially supporting his 23-year-old daughter (born in 1994) maintenance money?
My husband has asked me to find this information out on his behalf as he is working during the day and does not have the time.
Step-daughter lives in Heidelberg, Germany. Her father still lives in UK but has just recently found (2 months) temporary work in Germany from August until October. Step-daughter’s mother (has dual citizenship in America and moved back there 2 years ago and works there.
Here is the back ground story:
Both my husband and his ex-wife were both native Germans and have 4 children together all born in Germany and all children have dual citizenship in America from their mother.
Both parents moved to UK about 17 years ago. Parents split up and divorced in 2007 in UK. step-daughter was sent back to Germany in 2009 when she was about 15 years of age to complete her high school (Realschule?) education.Step-daughter did not complete her high school education and does not have a high school certificate. Her father has always paid maintenance before she was 18.
Since she has turned 18 her father has been financially supporting her about 70%. As in paying her rent, phone bill and her utility bills (about 800/900 euros per month). Over the years, step-daughter has had 3 attempts to complete her high school education but has failed to turn up for school or sit any exams. So does not have a certificate of finishing secondary school.In the past step-daughter has seen a therapist in 2015 for emotional problems but refused to tell us the outcome.
But as far as we know she has not been signed off as medically unfit to work.
However, step-daughter does not want to go to school. Step-daughter does not want to work.Because her father was earning a low wage since 2016 and he had no work for several months. He has in March 2017 giving his daughter 6 months’ notice. He told her, we are going to stop paying her rent and cancelling the lease for the flat in from 30.09.17 and no longer paying any of her bills after this date. She will have to move out on 30.09.17 date and get a job and support herself.
We have advised her she needs to get some formal education or apprenticeship (Lerhling?).
We have told her she will need to get a job and support herself. However, we will try and financially support her only when and If she does get a school place we will support her financially then.Step daughter has since managed to work in May 2017 but only for about 4 weeks and did not tell us why she no longer works.On 5th of September 17, my step daughter has told us we have to send her father’s tax returns directly to her as she claims she thinks she is entitled to BaföG and that we have to pay her maintenance up to age 27. She said it is compulsory by law! She claims her mother has already sent tax receipts to her directly. She also has asked her father to pay her health insurance.At present she does not have a school place yet. She does not have a job or apprenticeship or didn’t last very long in these jobs.Where do we stand legally?1) At present he will only have health insurance for about 2 months while temporary work from 7th August until about 6th October 2017 in Germany. Is her father legally responsible to pay her health insurance?
2)Her father says he is only willing to send his tax receipts to the BaföG directly when they get in touch or if his daughter gives us the address or email to send it to. Is my husband correct or does he by law have to give his daughter his tax receipts only to her?
3) Is her father correct in telling her she has to show proof she has a school place or proof she has some sort of apprenticeship before he is willing to give her any type of financial support?
4) If she claims she can’t work because she is mentally unfit, is her father correct in asking for proof that he is legally responsible to financially support her and at what age by law would this end she claims she will never be fit to work?
5) She is meant to be moving in with friends of the family on the 30th of September.
6) Is 23-year-old step daughter financially responsible for herself while she does not seem to have a job? And she does not have a school place at the moment or an apprenticeship so does she have to work to support herself or are her parents legally still responsible to financially support her?
Answered in 9 hours by:
9/20/2017
EULawyer
EULawyer, Lawyer
Category: European Law
Satisfied Customers: 270
Experience: Titular Attorney (Avocat) at Ioan-Luca Vlad Law Office
Verified

Welcome to JustAnswer!
As your European Law expert, I am reviewing your question and will try to find a good answer for you.

Ask Your Own European Law Question
Customer reply replied 2 months ago
okay, how long will it take?
I have already been charged £45 pounds and didn't get an answer because i never got to ask any questions except the only question answered was the one if this was free and was promptly directed to pay account??
Customer reply replied 2 months ago
I appreciate there are 5 questions but would prefer if you typed me the answer. Is that possible? It's so i don't forget what you told me. Thank you

Dear Customer,

Thank you for your question. I will answer your questions in the order you asked them in the clarification message:

1. The father is not directly obliged to pay health insurance. He is only obliged to provide maintenance as described below;

2. Parents are obliged to give all financial information to their children, to allow ascertainment of maintenance obligations. If the father does not do so, he may be compelled by the courts if she takes this step. On the contrary, BafoG does not receive such documents directly from other persons, only from the applicant;

3. Unfortunately not. The father is obliged to pay maintenance (see below for conditions) regardless of what the daughter does or not does, i.e. including if she does nothing and just relies on him;

4. Her father may not require any proof of mental incapacity. She would be obliged to provide it only if she claimed additional support, in the sense of support for her entire life's expenses, which she would be entitled to if she proved she was mentally impaired. Otherwise, for the basic support (see below) she does not have to prove anything;

There is no upper age limit to the obligation of support;

5. Being over 18, she can decide where to live on her own. If the maintenance payments are not enough for her current lifestyle, she will indeed have to downsize, but not necessarily to move with the persons the father specifies;

6. As an adult, she is responsible for herself. However, the father (and the mother, for that purpose), must pay allowance too.

7. Explanation as to payments:

-> Parents are responsible for their children without age limit.

-> However, if the children are "morally wrong" such as if they don't work, then, if they go to court to claim maintenance, the maintenance can be lowered to a "just" level. In other words, without a trial the father must not pay anything upfront if he thinks unjust. If a trial takes place, it will be the daughter's obligation to show how much she needs and why it is just to claim it from her father.

-> Nevertheless, some maintenance is always due regardless of the circumstances or inaction of the child.

I hope this is useful and look forward to your rating, which is essential to my activity.

Cordially,

Dr I L Vlad

EULawyer
EULawyer, Lawyer
Category: European Law
Satisfied Customers: 270
Experience: Titular Attorney (Avocat) at Ioan-Luca Vlad Law Office
Verified
EULawyer and 87 other European Law Specialists are ready to help you
Ask your own question now
Customer reply replied 2 months ago
Wow, thank you very much for your quick response. It was very helpful and we know what we are dealing with.
Thank you again
Ask EULawyer Your Own Question
EULawyer
EULawyer
EULawyer, Lawyer
Category: European Law
Satisfied Customers: 270
270 Satisfied Customers
Experience: Titular Attorney (Avocat) at Ioan-Luca Vlad Law Office

EULawyer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around.

EstherWoodstock, NY

Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know.

RobinElkton, Maryland

He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here.

DianeDallas, TX

< Previous | Next >

Meet the Experts:

INC

INC

Solicitor-Advocate

96 satisfied customers

LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

José M.

José M.

Attorney

646 satisfied customers

Spanish Attorney

A.Valcke

A.Valcke

Solicitor

140 satisfied customers

14+ years experience // Masters in EU Law

Thomas

Thomas

Solicitor

45 satisfied customers

UK based Immigration Solicitor

Clare

Clare

Solicitor

37 satisfied customers

Attorney

Top_advisor

Top_advisor

Attorney

32 satisfied customers

Solicitor and Attorney

Buachaill

Buachaill

Barrister

19 satisfied customers

Barrister

< Previous | Next >

Related European Law Questions
Online blackmailing. Ohio. It was a Facebook video call that
It was a Facebook video call that was recorded without me knowing ,… read more
José M.
José M.
Attorney
Máster
646 satisfied customers
I would like to purchase a house but don't like the idea of
I would like to purchase a house but don't like the idea of paying stamp duty and all the other trumped taxes that go along with it. I, under duress, pay income tax which I believe is more than enough… read more
Jamie-Law
Jamie-Law
4,945 satisfied customers
I was issued a mortgage by Barclays Bank Spain a subsidiary
I was issued a mortgage by Barclays Bank Spain a subsidiary of Barclays bank UK on an ILLEGAL property when the Initial survey CLEARLY showed that the property was illegal. They denied me access to th… read more
José M.
José M.
Attorney
Máster
646 satisfied customers
I have someone trying to extort me on fb. Kansas city but
She's threatening to leak nudes of after a momentary lapse of judgement… read more
Jamie-Law
Jamie-Law
4,945 satisfied customers
My father passed away- he lived in Greece. I have provided
My father passed away- he lived in Greece. I have provided the attorney in Greece with my authenticated birth cert and marriage license of my parents. My mother's name is ***** ***** Sandra Tsakiris o… read more
EULawyer
EULawyer
Lawyer
270 satisfied customers
My question relates to mortgage advice, my wife and i
hi my question relates to mortgage advice, my wife and i remortgaged back in 2008 and asked to be put on a tracker mortgage but where told to stay on a variable rate mortgage by our broker, at the tim… read more
Jamie-Law
Jamie-Law
4,945 satisfied customers
I hired Birman Law, but after many months no result. Birman
I hired Birman Law, but after many months no result … read more
Jamie-Law
Jamie-Law
4,945 satisfied customers
Who and how do I get hold of interpol or utube Facebook to
Who and how do I get hold of interpol or utube Facebook to report that I am being blackmailed for being caught performing on webcam … read more
Jamie-Law
Jamie-Law
4,945 satisfied customers
I am a teaching professor in Paris and was offered an
Hello,I am a teaching professor in Paris and was offered an opportunity to teach the same course i do teach in the university here but in an online school in China. I am a bit worries with the IP part… read more
Buachaill
Buachaill
Barrister
Master's Degree
19 satisfied customers
If you are possibly designated an "inheritor" of money from
If you are possibly designated an "inheritor" of money from Banco Caixa Penedes in Madrid Spain and have received several forms from them by Overnight Express including Internal Office Memo, a copy of… read more
José M.
José M.
Attorney
Máster
646 satisfied customers
How does a driving ban endorsement last in Ireland? I am
How long does a driving ban endorsement last in Ireland? I am applying for a job & they require if I have an endorsement. … read more
Jamie-Law
Jamie-Law
4,945 satisfied customers
I am also being blackmailed from the Ivory Coast. Pretty
I am also being blackmailed from the Ivory Coast. Pretty much the same situation as the post on the website. What law Inforcement do I report this too? Local or in the Ivory Coast. I do have a name of… read more
Jamie-Law
Jamie-Law
4,945 satisfied customers
It is not a immigration question, however have a procura
hello it is not a immigration question , however have a procura speciale that needs to be signed by a layer that is empowered by the Italian consolate I live in the interior of B.C. and it is a little… read more
EULawyer
EULawyer
Lawyer
270 satisfied customers
I signed contract with a German music manager, after some
I signed contract with a German music manager, after some advice of fellow musician concerning this manager I found out that she is dishonest, pretending she works for musicians that she does not, and… read more
EULawyer
EULawyer
Lawyer
270 satisfied customers
I have been served a court summons to appear as a witness in
Hi, I have been served a court summons to appear as a witness in tenerife for a phone theft which happened 4 years ago. It is very short notice and I cannot not afford to travel. I have been threatene… read more
EULawyer
EULawyer
Lawyer
270 satisfied customers
I think my partner had been subject to harassment/ assault.
I think my partner had been subject to sexual harassment/ assault … read more
José M.
José M.
Attorney
Máster
646 satisfied customers
Is a verbal agreement still binding if the company that
Is a verbal agreement still binding if the company that offered a specific package or deal at the time and fail to deliver on it and try to charge you more than you agreed therefore breaking that cont… read more
Jamie-Law
Jamie-Law
4,945 satisfied customers
I have a United States passport but I registered as a sex
I have a United States passport but I registered as a sex offender for an offense committed in 1997 how does it affect my passport … read more
José M.
José M.
Attorney
Máster
646 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x