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  3. Law (general)

leistungsfähiger Antragsgegner

English translation: defendant with the resources to pay maintenance

11:15 Mar 24, 2017
German to English translations [PRO]
Law/Patents - Law (general) / Child Support
German term or phrase: leistungsfähiger Antragsgegner
Soweit die Freistellung des leistungsfähigen Antragsgegners dazu führt, dass die Kindesmutter, ... , für den Barunterhalt der Kinder aufzukommen hat, verstößt dies gegen den elementaren Grundsatz, dass Unterhalt nur bezahlt werden muss, wenn nicht der eigene angemessene Bedarf gefährdet ist.

Would a native speaker have a problem with a 'potent defendant' in this context? :)


Here's my take:
In as far as the release of the potent Defendant results in the mother of the children, ..., having to bear the cash maintenance for the children it constitutes an infringement against the basic principle that child support is only to be paid if one's own reasonable needs are not endangered.

(Tired of these 10-line legalese sentences...)
Beatrice A.
Local time: 20:03
English translation:defendant with the resources to pay maintenance
Explanation:
In the context of divorce/child support proceedings, as Margaret pointed out, "leistungsfähig" means "ability to pay maintenance".

I have entered a slightly different term here as it qualifies "Antragsgegner" and needs to fit the sentence.
Selected response from:

Paul Skidmore
Germany
Local time: 20:03
Grading comment
Thank you!
4 KudoZ points were awarded for this answer



Summary of answers provided
4solvent defendant
Liane Poost
4defendant with the resources to pay maintenance
Paul Skidmore
3obligor Defendant
Teangacha (X)
4 -1financially potent respondent
Michael Martin, MA
Summary of reference entries provided
BGB, Leistungsfähigkeit
Johanna Timm, PhD

Discussion entries: 10





  

Answers


1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
obligor Defendant


Explanation:
Child support - Wikipedia
https://en.wikipedia.org/wiki/Child_support

[DOC]in the superior court of error - Georgia - Department of Human Services



www.cse.dhr.state.ga.us/manuals/agent/wordform/FORMCEN.DOC
'The court costs be assessed against the obligor Defendant; and,; Such other and further relief be granted as may be appropriate. This the ______ day of ...'

Teangacha (X)
Ireland
Local time: 19:03
Native speaker of: English
PRO pts in category: 4
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14 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
solvent defendant


Explanation:
leistungsfähig = zahlungsfähig
(in this case)

https://www.dict.cc/?s=zahlungsfähig



Liane Poost
Germany
Local time: 20:03
Native speaker of: German

Peer comments on this answer (and responses from the answerer)
neutral  Michael Martin, MA: Sorry. Leistungsfähig is indeed zahlungsfähig. Not sure though that "solvent defendant" is idiomatic in this context.
12 hrs
neutral  Lancashireman: Agree with Michael. Solvency is merely the state of not being bankrupt, which does not necessarily mean that the respondent has sufficient funds to cover the claim.
15 hrs
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24 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
financially potent respondent


Explanation:
That might be better. Otherwise, it's too vague

--------------------------------------------------
Note added at 1 day2 hrs (2017-03-25 14:00:42 GMT)
--------------------------------------------------

I agree that financially potent is going too far. Would like to amend. New solution:

"financially capable respondent"

Compare with source below:

"Counsel for the respondent argues that the purpose of the statute prior to the recent change was to provide a means whereby a respondent could be exonerated from a false charge that he fathered a child, in that the statute allowed a financially capable respondent to pay for a blood test, the payment provision was related to the purposes of the statute." https://leagle.com/decision/1981806110Misc2d696_1693/MTR. OF...

Michael Martin, MA
United States
Local time: 14:03
Specializes in field
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 364

Peer comments on this answer (and responses from the answerer)
disagree  AllegroTrans: I have never seen "potent" in connection with ability to pay
23 hrs
  -> Agree that I overinterpreted this. But I have never heard of "solvent defendants" either..
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4 days   confidence: Answerer confidence 4/5Answerer confidence 4/5
defendant with the resources to pay maintenance


Explanation:
In the context of divorce/child support proceedings, as Margaret pointed out, "leistungsfähig" means "ability to pay maintenance".

I have entered a slightly different term here as it qualifies "Antragsgegner" and needs to fit the sentence.

Paul Skidmore
Germany
Local time: 20:03
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 200
Grading comment
Thank you!
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Reference comments


5 hrs peer agreement (net): +2
Reference: BGB, Leistungsfähigkeit

Reference information:
translated as "Ability to pay"
https://dejure.org/gesetze/BGB/1603.html
https://www.gesetze-im-internet.de/englisch_bgb/englisch_bgb...

Johanna Timm, PhD
Canada
Specializes in field
Native speaker of: Native in GermanGerman
PRO pts in category: 717

Peer comments on this reference comment (and responses from the reference poster)
agree  Sebastian Witte
2 hrs
agree  AllegroTrans
18 hrs
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