life children alternating with their separated parents, are the children and the parents each have a temporary need community. Child benefit should not be with the children in that time counted as income in proportion, to the other if it is not paid to the need community owned parent, the father here.
The Federal Social Court confirmed this decision, the rulings of lower courts.
If the children are entitled to maintenance claims against the father, it is the responsibility of the defendant Job Centers, these possibly existing maintenance under § 33 SGB II to the Father to be asserted.
SG Freiburg - S 13 AS 6382/05 -
LSG Baden-Württemberg - L 13 AS 2559/08 -
Bundessozialgericht - B 14 AS 75/08 R - Judgement of 02/07/2009
