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Publication date: 29.03.2024
The current legislation establishes the duty of parents to support their minor child until the moment he reaches adulthood, i.e. up to 18 years of age.
However, what should be done in the situation when the child, although he has reached the age of majority, cannot support himself, for example, due to the fact that he is studying at a full-time school? That is, in this case, the adult child is actually unable to work.
For such cases, the legislator provides for the collection of alimony for an adult child who continues his education by establishing the obligation of parents to support their adult children if they are unable to work. This obligation is provided for in Art. 198 of the Family Code of Ukraine. However, there is also a caveat in the specified article, namely, the father or mother has the duty to maintain their adult son or daughter if they can do so based on their property status.
Article 199 of the Family Code of Ukraine stipulates that if an adult is studying and needs financial support, she has the right to support from her parents, but on the condition that the parents have the opportunity to support her. Also, this article establishes that such material assistance can be received by an adult only until he reaches the age of 23, as well as on the condition that he continues his education. That is, even if an adult has not reached the age of 23, but has stopped studying, he loses the right to support from his parents.
It is worth noting that the following have the right to apply to the court with a claim for the collection of alimony for the maintenance of an adult daughter or son:
- the child's mother or father, with whom the adult child lives;
- the adult child himself.
In contrast to the procedure for collecting alimony for a minor child, it is possible to collect alimony for an adult child only in legal proceedings, that is, by submitting a claim to the court, while the collection of alimony for an adult child in mandatory proceedings (by issuing a court order) is not provided for. Thus, when applying to the court, it is necessary to keep this fact in mind.
Regarding the amount of alimony that can be collected for the maintenance of an adult child, the court has the right to determine this amount of alimony in a certain, specifically determined amount, as well as in a part of the earnings of the payer of alimony. The amount of alimony for an adult child who continues his education is not clearly defined by legislation and depends on many factors.
The mere fact of an adult child's education is not an unconditional basis for charging alimony. When deciding this issue, the court examines not only the need of an adult child for financial assistance, but also the ability of the mother (father) of such a child to provide such financial assistance. At the same time, the court examines the circumstances defined by Art. 182 of the Family Code, in particular the state of health and financial condition of an adult child who needs help; the state of health and financial condition of the alimony payer, as well as the presence of the latter's minor or minor children, other disabled family members who also need financial assistance from the alimony payer; the presence of the payer of real estate and other material assets. All the mentioned circumstances must be confirmed by relevant evidence in the manner prescribed by law, otherwise they will simply not be taken into account by the court. For the correct reflection of these circumstances in legal documents, it is best to contact a specialist.
In addition, when applying to the court with a claim for the collection of alimony for adult children, one of the factors that will increase the chances of obtaining a positive court decision on the collection of alimony for an adult child is the fact that the alimony collector has proven the expenses of the alimony payer, in particular for the purchase of immovable or movable property, if the amount of such acquired property exceeds ten times the subsistence minimum for an able-bodied person, if the alimony payer has not proven the source of the funds.
All these circumstances must be clearly spelled out in the claim for the recovery of alimony, and confirmed by relevant evidence. Thus, a claim for the recovery of alimony for an adult child must be justified and must comply with the norms of procedural legislation.
There are other circumstances that the court can accept as evidence of the solvency of the alimony payer, and in each specific case these can be quite diverse circumstances, which can be established and legally proved by a lawyer or a lawyer in the specified field of law.
The court's decision on the collection of alimony for an adult child will contain the date from which the alimony must be collected, the period until which the specified alimony will be collected, as well as the amount of the specified alimony. The specified court decision must be properly presented for execution to the relevant enforcement service at the debtor's place of residence by writing a statement on the presentation of an executive document for execution.
