Publication date: 31.05.2024
lawyer, 23 years of experience in enforcement.
Are alimony payments taken into account during the transition from bachelor's degree to master's degree? An examination of how the courts treat child support in this particular case.
The question of whether parents should continue to pay alimony for an adult child's higher education is highly controversial. In particular, the debate centers around the period between obtaining a bachelor's degree and starting to pursue a master's degree. When a person comes of age and completes their undergraduate studies, they have two options: either continue their studies or start working. This transition period is a matter of controversy. On the one hand, it could be argued that because a bachelor's degree has been earned, there is no guarantee that a person will go on to earn a master's degree. Therefore, some parents believe that alimony payments should be stopped at this stage. So what will the court say about this? In a recent decision, the Supreme Court revised its position. According to the Resolution of the Supreme Court, issued on April 10, 2023 as part of the Joint Chamber of the Civil Court of Cassation in case No. 752/20152/16-ts, the court expressed a new position. ( alimony lawyer kiev )
When considering the application of the second part of Article 199 of the Civil Code of Ukraine, it is important to recognize the possible irrationality and injustice of interpreting the provisions in a way that limits the payment of alimony to adult children only during periods when they are actively studying.
The transition from school education to professional or higher education is characterized by a clear time frame, which depends on the structure of the education system and various objective factors. During this period, individuals need sufficient time to decide on their future educational path, complete the necessary documents and pass entrance exams, if necessary. ( cost of alimony lawyer services )
Likewise, when transitioning to a higher level of education, it would be incorrect to claim that a person has stopped studying. This is because the existence of a temporal gap between the completion of studies at one level and the commencement of studies at the next level is not dependent on the student's control or will. As a result, any temporary interruption in education, as provided for by the structure of the education system, cannot be interpreted as termination of education, as defined by the second part of Article 199 of the Criminal Code of Ukraine. ( alimony lawyer consultation kiev )
Based on the above information, the Joint Chamber of the Civil Court of Cassation as part of the Supreme Court considers that there are valid grounds for deviating from the legal point of view set forth in the decision of the panel of judges of the Supreme Court. by the Second Judicial Chamber of the Civil Court of Cassation on December 1, 2021 in case No. 753/20347/20.
Child support collection is an ongoing process that goes on and on.
An integral part of the educational process is considered to be the admission campaign for the ongoing master's degree. Participation in the admission campaign means that the educational path is still ongoing. Therefore, it is not advisable to stop the payment of alimony for this period. ( legal alimony advice )
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