Divorced single parents in Germany have no legal right to receive support from their ex-partner after their child turns 3 if the parent is capable of working full time, Germany's highest criminal court ruled on Tuesday.

The Federal Court of Justice in Karlsruhe found that the right to financial support from an ex-partner only exists when the parent's concrete circumstances prevent him or her from holding a full-time job.

Taking care of the child was also found not to be a full-time job when child care services are available after the primary school day, which in Germany usually ends at lunch time.

The Federal Justice Ministry said it was reviewing the ruling.

Daycare a good option

The case was brought by a single mother whose daughter was entering the third grade. The mother was working part-time and receiving monthly payments of 440 euros from her ex-husband. The man filed a complaint, saying that because of a change in divorce law he no longer was obliged to pay support for her.

An appellate court in Dusseldorf ruled against the ex-husband, saying it would be too burdensome for the mother to have to work full-time and take care of the child. The child had lived with a foster family for two years and had only recently been reunited with the mother.

The Federal Court of Justice then reversed that ruling, saying there was no convincing reason why the mother could not place her daughter in child care in the afternoon, or why a full-time job would be a "greater-than-necessary burden" for the mother. If she has no evidence why she cannot work full-time, then she must work as much as her ex-husband who does not take care of the child.

Ingeborg Rakete-Dombek, chairwoman of the family law working group in the German Bar Association, said the decision means parents who want more than three years of support will have to prove their child has a psychological need for the parent to take care of him or her.

Author: Andrew Bowen (dapd, dpa)
Editor: Michael Lawton