The Sozialticker informs: Social court Berlin considers intensified maintenance adhesion unconstitutional

The Sozialticker - critical demanding independently (openPR) - the adhesion for a child of the partner in a not-conjugal partnership, prescribed again in the Hartz laws, is unconstitutional after conviction citizens of Berlin of the social court.

To the daughter social security benefits to refuse, offends in the opinion the court however against the Basic Law: Mutual obligations to pay alimony of the two partners would exist in the context of a not-conjugal need community. For stranger of children the life companion must not be responsible however, decided the 103. Chamber of the social court. Judge Felix Clauss announced to submit the litigious matter after opening of the main method for clarifying in Karlsruhe.

To the reason the judge said that the subsistence level of the child was not secured, because it can make legally no claim for alimony valid opposite the friend of its nut/mother. The nut/mother must separate either from her partner or the child must alone the common household leave, in order to acquire its own requirement on social security benefits. This offence however against general personality rights and articles 6 of the Basic Law, after which marriage and family stand under a special protection.

The court announced to 08.01.2007 to submit the reorganization to the Federal Constitutional Court in Karlsruhe. Cause is the case of a 15-Jährigen, to which the social agencies pay no more support.

SG Berlin, of 08.01.2007, Az. S 103 AS 10869/06 IT
www.sozialticker.com/sozialgericht-berlin-haelt-verschaerfte-unterhalts-haftung-fuer-verfassungswidrig.html

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