Student I has had little contact with her family for several years. Until she graduated from high school, she received child support from her father through the child welfare agency. After that, she stopped receiving payments. Since she has reached the age of majority, the child welfare agency is no longer responsible for her. Her parents moved abroad some time ago.
I is starting her studies. To make ends meet, she works several part-time jobs and lives very frugally. Otherwise, she wouldn’t be able to afford to go to college. To discuss her financial situation, I contacts the Social Services Department of the Austrian National Union of Students (ÖH).
First, with the help of the ÖH’s social services, I applies for family allowance for herself; after all, she has had to cover her own expenses since she started college. Her application is approved quickly. The ÖH also assists her with an application for a student grant. However, she receives a rejection notice from the student grant authority. The reason for the rejection: her father’s high income.
During the consultation, your options will be discussed. There is no recourse against the denial notice from the student aid authority because the financial need required for student aid is not met, and the father would be obligated to pay child support. The fact that he does not actually pay child support does not change the lack of eligibility for the grant, because in the case of the standard student grant, parental income plays a significant role in the calculation, regardless of actual child support payments. The more the parents earn, the lower the chance of receiving a student grant.
At the ÖH social counseling office, the option of filing a maintenance claim with the district court is discussed, and the student ultimately decides to do so. A first court hearing is scheduled. However, the proceedings are repeatedly delayed because her father submits various letters. He questions the seriousness and commitment of his daughter’s studies, and then her income statements regarding her part-time jobs. The student responds with her own statements to the court. The ÖH consistently provides the student with advice and support throughout the proceedings. Two years after filing the application, Student I receives a favorable court ruling: her father is ordered to pay back support for the past four years and to make ongoing payments. This results in a total of over €50,000 for the past period. The student’s perseverance has paid off.
Note: There are many requirements that must be met in order to claim financial support from your parents. You are not entitled to financial support for every course of study, nor if your studies take an excessive amount of time. The amount of financial support is calculated based on your parents’ income, taking into account any other financial obligations they may have as well as your own income. The more your parent earns, the higher the amount of financial support you are entitled to, though there are certain limits to this as well! Maintenance proceedings are heard in district court, and you must be aware of the potential cost risks involved in such proceedings.
Achieved through the ÖH: With the advice and support of the ÖH Social Affairs Department, the student was finally able to legally enforce her right to child support from her father and received €50,000.
More success stories from our consulting services at www.oeh.ac.at/geschafft
