Reading time: 16 minutes
Total views: 109
Publication date: 03.06.2024
Rate:
Publication date: 03.06.2024
In Ukraine, the obligation of parents to maintain adult children who continue to study after reaching adulthood is defined by the Family Code of Ukraine.
According to Article 199 of the Family Code of Ukraine, parents are obliged to support their adult daughter or son who continues their education and in this connection needs financial assistance. This applies to both full-time and correspondence (distance) forms of education. The obligation remains until the children reach the age of 23 or until they graduate from an educational institution, whichever comes first.
Key points:
- 1. Adult children: Parents are obliged to support their children after they reach the age of majority (18 years), if the children continue their education.
2. Form of education: The maintenance obligation remains regardless of the form of education (full-time, part-time, distance learning, etc.).
3. Period of maintenance: The maintenance obligation lasts until the child reaches the age of 23 or until graduation, whichever comes first.
4. Material support: The obligation of parents to support their children arises if the children need material support in connection with their studies.
Child support / adult child support - This provision is aimed at supporting young people who continue their studies and do not have sufficient means to support themselves.
According to the Family Code of Ukraine, an adult child can file a lawsuit to collect alimony for the maintenance of an adult daughter or son who is continuing his education. This is provided for in Article 199 of the Family Code of Ukraine.
An adult child has the right to apply to the court for alimony for his maintenance from one or both parents, if he continues his education and needs financial assistance.
Key points regarding the right to go to court:
- 1. The right to appeal: An adult child who continues his education and needs financial assistance has the right to appeal to the court with a claim for alimony collection.
2. Defendants: A lawsuit can be filed against one or both parents.
3. Need for evidence: The child must provide evidence that he continues his studies and really needs financial assistance. These can be certificates from an educational institution, financial documents, etc.
Child support after 18 years / child support if the father does not pay alimony - The procedure for filing a claim includes filing an application with the court at the place of residence or the place of residence of the defendant, as well as providing relevant evidence confirming the need to receive alimony.
A lawsuit to collect alimony for the maintenance of an adult daughter or son who continues to study must meet certain requirements in order to be accepted by the court for consideration.
- A sample statement of claim for the collection of alimony for the maintenance of an adult daughter/son who continues his education:
To [name of court]
Claimant: [name of claimant]
Address: [plaintiff's residential address]
Contact phone number: [phone number]
Defendant: [name of defendant]
Address: [residential address of the defendant]
A statement of claim for the collection of alimony for the maintenance of an adult child who continues his studies.
I, [plaintiff's name], am the adult child of [defendant's name], who is in further education. In this regard, I need financial assistance.
According to Article 199 of the Family Code of Ukraine, parents are obliged to support their adult children who continue their studies and therefore need financial assistance until they reach the age of 23 or until they graduate from an educational institution, whichever comes first.
At the moment, I study at [name of educational institution] on [form of study] form of study. I attach a relevant certificate of my education to the claim.
My educational expenses and daily necessities amount to [insert amount] as evidenced by the attached documents.
In connection with the above, guided by Articles 199, 200 of the Family Code of Ukraine and Articles 175-177 of the Civil Procedure Code of Ukraine,
PLEASE:
1. To collect from the defendant [name of the defendant] alimony for my maintenance in the amount of [specify the amount of alimony] monthly, starting from the day of filing the claim and until I reach the age of 23 or until I graduate from an educational institution, whichever comes first.
2. The costs of the case shall be borne by the defendant.
Add-ons:
1. A copy of the applicant's passport.
2. Certificate from the educational institution.
3. Documents confirming the costs of education and daily needs.
4. Receipt for the payment of the court fee or documents confirming the grounds for exemption from the payment of the court fee (if any).
5. A copy of the statement of claim for the defendant.
Date: [date of submission of application]
Signature: [petitioner's signature]
Collection of alimony for the maintenance of an adult child who continues his studies abroad has certain features. Here are the steps to follow to collect child support in this situation:
- Step 1: Preparation of the statement of claim.
If the child continues to study abroad, the claim for alimony collection must include the same information as for studies in Ukraine, but in addition, documents confirming the fact of study abroad must be provided.
A statement of claim for the collection of alimony for the maintenance of an adult child who continues his studies abroad
Title: "Summary statement for the collection of alimony for the maintenance of an adult child who continues his studies abroad."
Documents attached to the statement of claim:
Certificate from an educational institution abroad.
Translation of the certificate into Ukrainian, certified by a notary.
Documents confirming expenses for study and living abroad.
Step 2: Filing a claim to the court.
The statement of claim is submitted to the court at the place of residence of the plaintiff or the defendant in Ukraine.
Step 3: The trial.
During the court process, it is necessary to prove the fact of studying abroad and the need for financial assistance. This may require additional documents, such as:
Tuition payment receipts.
Receipts for payment of accommodation (dormitory, apartment, etc.).
Documents confirming additional costs (educational materials, transportation costs, etc.).
Step 4: Execution of the court decision.
If the court's decision is in favor of the plaintiff, the defendant (father or mother) is obliged to pay child support.
Step 5: Execution of the decision abroad.
If the defendant lives abroad or has assets abroad, there may be a need to enforce a court decision in another country.This is possible with the help of international treaties and conventions, such as the Hague Convention on the International Collection of Child Support and Other Forms of Family Maintenance.
The procedure for executing a court decision abroad.
Obtaining a writ of execution: After receiving a court decision in Ukraine, it is necessary to obtain a writ of execution.
Legalization of documents: The executive letter and other necessary documents may require legalization or apostillation for use abroad.
Submission to the competent authority: Documents are submitted to the competent authority in the defendant's country of residence. It can be a court or other executive body that is involved in the collection of alimony.
International legal aid: It may be necessary to contact international legal aid authorities or the consular service to assist in the execution of the decision.
An example of a sample statement of claim
To [name of court]
Claimant: [name of claimant]
Address: [plaintiff's residential address]
Contact phone number: [phone number]
Defendant: [name of defendant]
Address: [residential address of the defendant]
A statement of claim for the collection of alimony for the maintenance of an adult child who continues his studies abroad
I, [plaintiff's name], am an adult child of [defendant's name], who continues his studies at [name of educational institution abroad]. In this regard, I need financial assistance.
According to Article 199 of the Family Code of Ukraine, parents are obliged to support their adult children who continue their education and therefore need financial assistance until they reach the age of 23 or until they graduate from an educational institution, whichever comes first.At the moment, I study at [name of educational institution] on [form of study] form of study. I am attaching a relevant certificate about my studies abroad to the claim.
My educational expenses and daily necessities amount to [insert amount] as evidenced by the attached documents.
In connection with the above, guided by Articles 199, 200 of the Family Code of Ukraine and Articles 175-177 of the Civil Procedure Code of Ukraine,
PLEASE:
1. 1. To collect from the defendant [name of the defendant] alimony for my maintenance in the amount of [specify the amount of alimony] monthly, starting from the day of filing the claim and until I reach the age of 23 or until I graduate from an educational institution, whichever comes first .
2. The costs of the case shall be borne by the defendant.
Add-ons:
A copy of the applicant's passport.
Certificate from an educational institution abroad with translation.
Documents confirming expenses for study and living abroad.
Court fee payment receipt or documents confirming grounds for exemption from court fee payment (if applicable).
A copy of the statement of claim for the defendant.
Date: [date of submission of application]
Signature: [petitioner's signature]
Collection of child support - This sample can be adapted according to the specific circumstances of the case.
