Publication date: 11.04.2024
In Ukraine, according to the current legislation, adult children may be obliged to support their parents in cases where the latter are in a state of need and do not have sufficient means for their own support. This duty is based on the principles of social responsibility and ensuring a dignified life for senior citizens. In such a case, a claim for the recovery of alimony is submitted to the court.
However, certain conditions must be met for children to support their parents:
1) origin of the child from the mother, father. This means that the relationship between the recipient and the payer of alimony must be documented;
2) incapacity of the mother, father. Due to certain circumstances, the recipient of alimony cannot independently provide for his needs;
3) mother's and father's need for financial support. The alimony recipient really needs additional financial support, and this must be proven.
In addition, according to the legislation, there are cases of exemption of children (daughter or son) from the obligation to support their parents.
Yes, parents who have been deprived of parental rights do not have the right to ask for financial support from a child for whom he or she has been deprived of parental rights or has improperly performed their parental duty.
Also, if a father or mother did not pay alimony for the maintenance of his child when he was under 18 years of age, and at the same time there is a debt, the amount of which is greater than the total amount of alimony for 3 years, the court can release the daughter or son from the obligation support such a father or mother. However, the amount of such debt must be confirmed by an appropriate certificate from the executive service.
Also, some parents may have large enough incomes or pensions to support themselves without the help of their children. In such cases, children may be exempted from the obligation to support their parents.
In addition, the presence of special circumstances that prevent the child from fulfilling his duty to support his parents may be taken into account by the court when deciding on the issue of alimony collection. This may include financial instability, serious medical problems, disabilities or other circumstances that cause objective difficulties for the child.
Exemption from the obligation to maintain parents can be determined by the court on the basis of relevant requests and documents submitted by the children.
So, the obligation to maintain parents in Ukraine exists, but it may be limited or excluded in cases where parents have a pension or other benefits that guarantee them a sufficient level of maintenance, have property that can bring income, etc. In addition, this obligation is determined based on the capabilities of the retainer.
The alimony collection procedure for the maintenance of children of their parents is not significantly different from the procedure for child alimony collection, and in this case, a alimony collection claim must be made.
The amount collection of alimony that a child can pay to support his father or mother can be determined in a specific amount or as a part of the payer's income. At the same time, a change in the method of collection of alimony is not excluded in the event of a change in the material condition of one of the parties.
It is worth noting that when determining the amount of maintenance that the child must pay for the maintenance of the parents, the court will necessarily take into account the presence of other children, husband or wife, or other persons who can and are obliged to provide financial assistance to the recipient of alimony.
If you have a question about the procedure for collection of alimony for the support of parents or about the exemption from the obligation to support parents or need advice on this issue, I recommend that you contact a qualified lawyer or an attorney who will provide you with professional help and advice on family law issues in Ukraine.
