Publication date: 10.06.2024
Child support obligations for disabled parents: legal regulation and practice
Introduction
Alimony obligations are an important component of family law aimed at providing financial support to family members in difficult life circumstances. Ukrainian law provides not only for the obligation of parents to support their children, but also for the obligation of children to provide financial support to their disabled parents. In this article, we will analyze the legal regulation of alimony obligations in respect of disabled parents and the practice of their recovery.
Legislative regulation
The main legal acts regulating alimony obligations in respect of disabled parents in Ukraine:
Family Code of Ukraine:
- Article 202 provides for the obligation of adult children to support their disabled parents in need of financial assistance.
- Article 203 sets out the procedure for considering cases on the recovery of alimony for the maintenance of disabled parents.
Civil Procedure Code of Ukraine:
- Establishes procedural aspects of consideration of cases on the recovery of alimony for the maintenance of disabled parents.
The procedure for determining the amount of alimony
The following factors are taken into account to determine the amount of alimony for the maintenance of disabled parents:
Financial situation of the parties:
- The court takes into account the income and property status of both parents and adult children.
- The amount of alimony is determined based on the children's ability to provide financial assistance without compromising their own and their families' maintenance.
Needs of disabled parents:
- They are determined based on the need to cover the costs of food, treatment, care and other necessary expenses.
Other circumstances:
- The court may take into account other circumstances relevant to the case, such as the health status of the parents, the availability of other sources of income, etc.
You may also be interested in the following articles:lawyer consultationlawyer consultation analysis of documents legal analysis of the situation written consultation verification of documents by a lawyer lawyers documents legal assistance online lawyer online legal opinion legal opinion of a lawyer lawyer online
The procedure for the recovery of alimony
Voluntary agreement
The best option is a voluntary agreement between children and parents to provide financial assistance:
Concluding a deal:
- Children and parents can enter into a written agreement that defines the amount and procedure for providing financial assistance.
Notarization of the agreement by a notary:
- The agreement may be certified by a notary, which gives it legal force.
Court proceedings
In the absence of a voluntary agreement, the issue of alimony is decided by the court:
Filing a statement of claim:
- Parents who are incapacitated file a claim with the court at the place of residence of the defendant (child) or at their own place of residence.
Court proceedings:
- The court considers the case in an open court session with the participation of both parties.
- The court may take additional evidence and explanations.
Decision-making by the court:
- The court decides on the recovery of alimony, determining its amount and payment procedure.
