OGH | 10 Ob 63/26a | 30.06.2026
The Austrian Supreme Court (OGH) had to determine whether a Serbian minor was entitled to an advance on maintenance payments (Unterhaltsvorschuss). He held the temporary residence title “Red-White-Red Card Plus”. His mother, however, held the residence title “Permanent residence – EU”. The father was legally obliged to pay maintenance. The minor therefore applied to the Federal Government for an advance on maintenance payments. He argued that he already met the requirements for “Permanent residence – EU”. However, this status had not yet been granted to him.
The Austrian Supreme Court clarified that merely meeting the requirements is not sufficient. Long-term residents must be treated equally to Austrian citizens under Article 11 of the Long-Term Residents Directive. An advance on maintenance payments constitutes a core benefit for this purpose. Equal treatment, however, requires that long-term resident status has actually been granted.
The “Red-White-Red Card Plus” only provides a temporary right of residence. The mother’s residence title also does not grant the child an independent entitlement. The minor was therefore not entitled to an advance on maintenance payments under Section 2 para 1 of the Austrian Advance on Maintenance Payments Act. The Austrian Supreme Court upheld the Federal Government’s appeal and rejected the minor’s application for an advance on maintenance payments.