Regardless of whether it is a matter of child and/or spousal maintenance or the maintenance claim of the mother of a child born out of wedlock, in all cases the person obliged to provide maintenance is usually initially exposed to a right to information about his or her income situation. This is the case when a couple separates. If there is a common child or several children and their habitual residence in the household of one parent, the other parent has to take care of the cash maintenance. In addition, there may also be claims to spousal maintenance (or claims by the mother of the child born out of wedlock). In order to be able to determine these claims correctly, knowledge of the income situation of the person whose payment obligation is involved is required. The person entitled to maintenance has a right to information about the income situation against the potential debtor, which, if this obligation is not met, can also be enforced in court and in practice is also the subject of court proceedings again and again.
The information must be given in a very specific way. Under no circumstances is it sufficient to provide the maintenance creditor with income documents without comment so that he can then determine the relevant income of the debtor himself. Rather, anyone who is obliged to provide information must themselves provide all income of any kind by submitting a systematic list so that the creditor can calculate the maintenance claim without excessive work. A distinction must be made between the different types of income. In the case of dependent employees, the information relates to the past twelve months from the time the claim was made. In the case of the self-employed or generally with fluctuating income, the last three expired calendar years are usually subject to the obligation to provide information, but in individual cases also a longer period. The right to information is completed by the additional right to submit supporting documents, so that the creditor can understand the information contained in the systematic list. In the case of dependent employment, these are complete statements of earnings for the relevant period. Due to the obligation to provide information for twelve months, special payments such as holiday or Christmas bonuses, bonuses, etc. are also recorded, which are also part of the maintenance-related income. In addition, the submission of the last income tax return and the last income tax assessment may be required, as tax refunds or additional payments also affect the maintenance income.
It becomes more extensive for the self-employed and tradespeople. For the information period, which is longer anyway, there is an obligation to submit balance sheets together with profit and loss accounts or, depending on the situation, income or surplus accounts or other documents for non-accounting tradespeople and freelancers. In addition, the submission of income tax returns and assessments can be claimed for several years.
A maintenance creditor will usually report his right to information with a letter of formal notice from a lawyer. It is highly advisable to follow the request contained in the letter carefully in order to avoid legal action. Because an application to the court for information (and submission of supporting documents) is usually made as a so-called staged application. In the first stage, the creditor requests information, in the second stage, when the income situation has been clarified, payment of the maintenance calculated on the basis of the information. This can mean unpleasant consequences for the debtor if, at the end of the legal dispute, he also has to bear the costs of the proceedings in addition to the maintenance awarded.
Upon request, information is not to be provided again before two years have elapsed, unless there has been a change in the financial circumstances of the person subject to the obligation, such as a change of employer or a promotion.
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