Of course, most people know about the payment of maintenance for minor children and when such maintenance can be collected. Where rarely courts hear cases for alimony from adult children to their parents. However, such lawsuits have and I will try to briefly identify the main points of the recovery of maintenance from adult children to their parents.
Thus, the duty of care of adult children for their parents is enshrined in Art. 51 of the Constitution of Ukraine. Article 51 of the Constitution of Ukraine states that adult children obliged to care for their disabled parents. This provision is reflected in the Family Code.
According to Part. 1, Art. 202 CK Ukraine adult daughter, son obliged to maintain parents who are unable to work and in need of financial assistance.
When deciding on the alimony for the maintenance of the parents should be aware that this right of parents to whom corresponds the duty of adult children occurs in the presence of two conditions:
and they have the need for financial assistance, which is not dependent on the financial situation of adult daughter, son.
Thus, the disabled, and such that are in need of material assistance to parents have the right to apply to court for the enforcement of child support for their children. The obligation to pay maintenance to their parents in court may be imposed only on adult children.
Disability is established by the medical commission. Disability are persons who have reached retirement age (men – 60 years, women – 55 years) and people with disabilities I, II and III.
You can define the following laying of foundation to children’s duty to maintain their parents:
– The children reached the age of eighteen;
– Parents are unable to work due to age or health reasons;
– Parents in need of financial assistance;
– There are no circumstances for the release of children from the obligation to maintain their parents.
The time of occurrence of the obligation to maintain their parents is to have all of these conditions.
The need for financial assistance is determined in each case depending on the financial situation of the parents. It takes into account the parents pension, state benefits and subsidies, that parents have the property that can generate revenue, and the like.
Determining the amount of maintenance depends on the financial and marital status of the parties and at the same time should be taken into account the possibility of obtaining the contents of the other children, which is not sued for alimony, wife, husband, provided that Art. 205 CK Ukraine.
Daughter, son, except alimony must also participate in additional expenses for parents, caused by a serious illness, disability or frail.
Additional costs for the maintenance of the parents is a kind of alimony payments.
Said article specifies the exhaustive list of circumstances in which children will be obligated to incur additional costs to parents, namely:
– serious illness;
At default of children the obligation to pay the additional costs, parents have the right to seek protection of their rights in court.
Court in each case determines the presence of one or more of the above circumstances, on the basis of an appropriate medical certificate.
The court determines the amount of funds to pay for the additional costs in the same manner as when determining the amount of funds for the maintenance of parents for their minor children.
The court determines the amount of the required additional costs for parents, depending on the material and family situation of children and parents and other circumstances.
The court may oblige the children to take part in the actual costs incurred parents caused by the listed circumstances, and the costs that need to be implemented in the future. Thus costs can be, in particular, the cost of implementing future operations directed to the appropriate sanatorium treatment etc. The party that appeals to the court for the children of its objection to the additional costs of maintenance, is obliged to provide evidence to support the amount of expenses actually incurred, or provide a valid conclusion about future costs.
Daughter, son may be exempted by the court from the obligation to have a mother, father, and the responsibility to share additional expenses if it is established that the mother, the father failed to fulfill their parental responsibilities.
For the application of this Article to prove culpable behavior of parents related to their deviation from their parental responsibilities. It does not matter or the parents failed to fulfill all of their parental responsibilities, or only a portion. The burden of proof of evasion of parents to fulfill their parental responsibilities entrusted to children.
A claim for alimony can be brought to one of the children, several of the children or all children together.