Can parents claim child support?

Civil law
Семененко Євген
15.11.2021
Law Services - Can parents claim child support?

The Constitution of Ukraine and the Family Code of Ukraine stipulate the obligation of adult children to maintain their incapacitated parents, but only if the parents need financial assistance and are incapable of work.

Under what conditions are children obliged to support their parents?
Blood relationship or other legal relationship between them.
Disability of parents or one of them.
The mother and father need financial help.
The responsibility of children to maintain their parents includes:
payment of alimony;
additional costs to parents caused by infirmity, serious illness, or disability.
There are two ways to collect child support:
voluntary order;
judicial order.

Voluntary order
Children and parents voluntarily establish the order of relations between themselves at their discretion. The contract can be both oral and written.

Judicial order
If incapacitated parents and adult children are unable to agree on maintenance or the children completely refuse to help their parents, the latter can go to court. The claim for alimony is filed at the place of residence of parents or children. There is no court fee for submitting such an application.
The following documents are attached to the statement of claim:
Birth Certificate;
confirmation of parental incapacity for work;
income statements;
documents confirming the need for financial assistance;
certificate of family composition. At least two witnesses should also be involved in the case, who can confirm that the children do not support their parents and evade the obligation to help them and that the parents need such help and cannot provide for themselves.

The court may release children from parental support on the following grounds:
parents evaded their parental responsibilities;
parents have not paid alimony for the maintenance of their minor children, the amount of arrears must exceed the amount of the relevant payments for 3 years, and it must be outstanding until the court decides to establish the amount of alimony for disabled parents. Such debt is confirmed by a certificate of public or private executor.

The amount of alimony
In addition to disability, parents need financial assistance. The court may set the amount of alimony in a fixed amount or as a share of income, depending on the marital and financial status of the parties. In determining the amount of alimony, the court takes into account the possibility of receiving assistance from other children who are not defendants in this case, as well as from their parents, wife, and husband. The income of the parents themselves (pension, subsidy, benefits) is also taken into account. Each case is individual, the judge must take into account all the important circumstances: the types of income and earnings of both children and parents, their state of health, marital status of children and parents, and whether parents have performed their parental duties.

The following liability is provided for non-payment of alimony:
criminal, administrative, and civil. Therefore, given the above, we can be sure that PARENTS HAVE THE RIGHT TO RECEIVE MAINTENANCE.

 

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