Maintenance during work and travel: Who is really liable for young adventurers?

Maintenance during work and travel: Who is really liable for young adventurers?

A young woman has started a work and travel program in Australia, giving her the opportunity to travel the country and work at the same time. This program lasts one year and offers young people the opportunity to both broaden their horizons and gain practical experience. However, the decision to embark on this adventure resulted in legal disputes between her and her father, who wanted to be released from his maintenance obligation.

The father argued that he no longer had to pay maintenance because his daughter was now working in Australia. In the first instance he was proven right in this argument. But the Supreme Court (OGH) ultimately decided otherwise, which strengthens the rights of young adults with wanderlust and makes it clear that the obligation to pay maintenance cannot be waived simply because of working abroad. This decision shows the complexity of maintenance obligations in connection with stays abroad.

Maintenance obligation in similar cases

The inquirer's questions are complex: Do they have to pay maintenance until the end of the discovery phase? Is there a period of 3 or 6 months after which he could be released from his maintenance obligation? And what happens when the son starts studying? All of these questions are part of the legal uncertainties that can arise from such new paths in life.

Legal situation and solutions

In both cases it becomes clear that a stay abroad and the request for financial support require complex legal frameworks. The Supreme Court has made it clear that the decision to work abroad cannot automatically lead to the maintenance obligation being lifted. At the same time, parents who find themselves in a similar situation must clarify how long their financial responsibility actually lasts and how flexible action is required in such cases.

The topic highlights the challenges that many young adults and their parents face today. It remains to be seen how the legal provisions will develop and whether there will be simpler solutions for such cases in the future.

For further information on maintenance obligations and legal issues, see the articles on The press and Ask a lawyer be consulted.