Alimony for adults

Alimony for adults in Ukraine

Duty of Parents to Maintain Adult Children in Ukraine

Parents are obliged to support their adult disabled daughter, son, in need of material assistance, if they can provide such material assistance.

Cases on the recovery of alimony for the maintenance of an adult incapacitated child are considered in the procedure for action. The plaintiff in this category of cases will be one of the parents with whom the child lives, the guardian, the trustee (although these subjects are not indicated in the Family Code) and the child himself, needs such content, as stated in Part 3 of Art. 199 SK.

In our opinion, the provisions of Part 3 of Art. 199 of the Criminal Code regarding the right to go to court with an application for the recovery of alimony for a child who needs them in connection with continuing education, by analogy, should be applied to an adult child who is incapacitated.

Family lawyer in Ukraine

Our lawyers are often asked the question: What is the minimum amount of alimony for one child? For how long is the payment of alimony for disabled children of the first, second, third groups awarded? Up to what age should parents support their children studying?

On our website advokat-family.com.ua you will find all the answers to your questions in the field of family legislation of Ukraine.

Alimony for disabled children in Ukraine

For disabled children, the state pays them a pension. A person may have a salary, but if this salary, pension or other income is not enough to ensure the standard of living of a disabled child, and the court, on the basis of the evidence presented, recognizes them as needing financial assistance, it makes a decision to recover alimony from the parents or one of them for their maintenance taking into account the financial situation of the parents.

When appointing alimony, the court must take into account if the disabled adult daughter, son are recognized as invalids of the first, second, third groups, alimony is awarded for the period of disability, and if they are disabled by age, then alimony is awarded for life.

With regard to adult children who are disabled, they, due to physical disabilities or mental illness, are not always able to directly go to court, therefore their representatives may be one of the parents, guardians, trustees, but the children themselves should be considered and indicated as plaintiffs, since they need material assistance.

The mechanism for determining the time provided for by Art. 191 of the SK, from which such alimony is awarded, applies to the case provided for in this rule, that is, as a general rule, such alimony is awarded from the day the claim is filed.

Recovery of alimony for the past period in Ukraine

On the collection of alimony for the past time, the court can sentence them, but not more than three years prior to going to court.

In this case, the plaintiff must prove to the court the circumstances and provide evidence that he took measures to obtain alimony from the defendant, but could not receive them due to the latter’s evasion from paying them.

This difficult situation must take into account the real circumstances of the case and the final conclusion of the court on the amount of the alimony debt of a particular person.

So, in the case of filing a claim only with one of the obligated persons, alimony for three years will be determined only in proportion to the amount that this person was obliged to pay together with other payers of alimony.

Circumstances that Affect the Change in the Amount of Alimony in Ukraine

This type of levied alimony is subject to the provisions of Art. 192 of the Family Code on changing the amount of alimony. So, the amount of alimony, determined by a court decision or by agreement between the parents, can be reduced or increased over time.

But such changes can take place depending on different circumstances if:

  • the amount of alimony is set on the basis of an agreement, then with the consent of all subjects, changes can be made to the agreement;
  • the amount of alimony is established by the contract, but one of the persons does not agree to increase or decrease the amount of alimony, then the change in the amount of alimony will be decided by the court at the request of one of the interested parties;
  • the amount of alimony is established by the court, then changes can be made only on the basis of a court decision.

By changing the amount of alimony, the plaintiff in this category of cases is the payer or recipient of alimony. Such claims can be brought to court.

In the event of a change in financial or marital status, deterioration or improvement in the health of one of them. If an adult disabled child is supported by the state, a territorial community or a legal entity, then the amount of alimony may be reduced.

On liability for delay in the payment of alimony, provided for in Art. 196 SK, then it applies to the person obliged to pay alimony as Article 198 SK and Art. 199 SK.

Parents’ Obligation to Maintain Adult Children Continuing Education in Ukraine

  1. If an adult daughter or son continues their studies and, in this regard, need financial assistance, the parents are obliged to support them until they reach twenty-three years, provided that they can provide financial assistance.
  2. The right to content ceases upon termination of the training.
  3. The right to go to court with a claim for the recovery of alimony has the parent with whom the daughter, son lives, as well as the daughter and son themselves, who continue their education.

The commented norm provides for one of the cases when the parents are obliged to support their adult daughter, son, who continue their education.

Parents are obliged to support their children until they reach the age of 23, that is, until they graduate from an educational institution. But the main conditions under which such content is possible are: adult children need such assistance (for example, education is carried out on a paid basis), and parents can provide such material assistance (solvent, that is, they have a large salary, other incomes, are able to work, no one else is paid alimony, etc.).

In the commented part, the period of study of an adult daughter, son is limited (unambiguously, without any exceptions) to the period until the children reach twenty-three years.

But while studying, a child may experience certain difficulties, in particular, this may be due to objective reasons, for example, due to illness, a child may take an academic leave for a period of one year, then she will finish her studies not at 23, but at 24 or , for example, a child does not enter universities immediately after leaving school, at the age of 17, but only after two years, then at the time of graduation she will not be 23, but 24 years old, or her studies at a university may be interrupted by military service.

All of these examples indicate that there are good reasons why an adult child may not complete their education at 23.

Therefore, the question arises, what, then, should be guided by the provision of the Family Code when deciding on the provision of maintenance to adult children who continue their education:

  • in the UK, the age is clearly indicated, namely: before the children reach twenty-three years;
  • in the UK there is a provision that the right of retention is terminated in the event of termination of training.

Therefore, in our opinion, the UK should leave restrictions on the age limit for providing content to adult children in connection with education – 23 years, but at the same time, this part of the commented norm should be supplemented with the provision that the period for providing content can be extended after 23 years. in the event of significant circumstances (valid), in which the education could not be completed by an adult child at 23 years old.

According to Part 2 of the commented norm, which refers to the termination of maintenance in connection with the termination of education, such termination (as well as the termination of alimony in general) is carried out automatically, but at the same time the state executive must have reliable evidence – a document confirming graduation from a university or another educational institution.

If alimony was paid voluntarily (on the basis of an alimony agreement or through the accounting department), then the fulfillment of the terms of the contract is terminated by the payer in connection with their fulfillment, and payments through the accounting department are terminated on the basis of a document confirming the completion of the adult child’s education.

In part 3 of the commented norm, the listed entities that have the right to go to court with the specified application are referred to by the legislator: the parent with whom the daughter lives, the son, as well as the daughter and son themselves, who continue their education.

The amount of alimony for adult children in Ukraine

  1. The court determines the amount of alimony in a fixed sum for an adult daughter, son and (or) awards alimony in a share of the earnings (income) of the alimony payer, taking into account the circumstances specified in Article 182 of this Code.
  2. When determining the amount of alimony from one of the parents, the court takes into account the possibility of providing maintenance to the other parent, his wife, husband and adult daughter, son.
  3. When considering cases on the recovery of alimony for a disabled adult daughter, son and adult children who continue their education, the court must determine the amount of alimony for an adult daughter, son (who are disabled and continuing education).

The amount of alimony is determined in a fixed amount and (or) in a share of the earnings (income) of the alimony payer, taking into account the following circumstances:

  • the state of health and financial situation of both the child and the payer of the alimony;
  • payment by the payer of alimony for other children, disabled husband, wife and other persons (grandmother, grandfather, great-grandmother, great-grandfather) and other circumstances of significant importance.

The above circumstances are essential, but, in addition to these circumstances, the law (part 2 of article 182 of the SK) establishes that the amount of the minimum alimony per child cannot be less than 30% of the subsistence minimum for a child of the corresponding age, with the exception of cases provided for in Art. … 184 SK.

When determining the amount of alimony from one of the parents, the court should take into account the possibility of providing maintenance to the second parent, his wife, husband and adult daughter, son.

So, possible complications may be the uncertainty of the alimony obligations of several persons in relation to a particular person. Considering the peculiarity of the maintenance of persons whose age can be called average, it should be noted that it is difficult to solve alimony obligations, since such persons can simultaneously be considered:

  • adult disabled children and under Art. 198 SK will have a duty to keep them in their parents;
  • parents and child support obligations will arise in their adult children (Chapter 17 of the CC);
  • by one of the spouses and there will be an obligation to keep them in the other spouse (Chapter 9 of the UK), etc.

In this situation, it can be noted that alimony obligations are complex. Complex alimony legal relations can be regulated both by certifying contracts with individual obligated entities, and by defining them in one contract, if all obligated persons agree to conclude it.

Consequently, such an agreement cannot be concretized on the basis of the content, but it is proposed to personify the subject to whom the content should be provided.

The consolidation of such a name will make it possible to distinguish complex alimony legal relations, in which more than two people and various grounds for the emergence of alimony obligations, are involved, from unambiguous ones.

Application of the rules of the UK regarding the obligation of parents to support adult children in Ukraine

The provisions of Articles 187, 189-192 and 194-197 of the UK apply to the relationship between parents and daughter, son regarding the provision of content to them.

When commenting on this norm, one should pay attention to the fact that the title of the article refers to the maintenance of an adult daughter, a son (Articles 198, 199 of the Criminal Code), and in the content of the norm the term “adults” has been omitted. Therefore, it should be noted that the norms of the CK to the relationship between parents and an adult daughter, a son regarding the provision of maintenance to them in the event of their incapacity for work (Article 198 of the CK) and the continuation of education (Article 199 of the CK) apply the general provisions concerning the alimony rights and obligations of parents and children. …

Such provisions are enshrined in the norm:

  • Art. 187 SK, that is, alimony in the order of Articles 198.199 SK can be counted at the initiative of the payer;
  • Article 189 of the SK, that is, the provisions of Articles 198, 199 of the SK may be subject to the contractual procedure for the payment of alimony;
  • Art. 190 SK, that is, on cases of payment of alimony in Articles 198, 199 of the SK, the provision is extended that the right to maintain adult children may be terminated in connection with the acquisition of ownership of real estate;
  • Art. 191 of the UK, it fixes the time from which alimony is awarded and which also applies to Articles 198, 199 of the Criminal Code;
  • Art. 192 SK on changing the amount of alimony (increase or decrease), also applies to Articles 198, 199 of the Criminal Code;
  • Art. 194 of the SK, which regulates the collection of alimony for the past time and the debt for alimony provided for in Articles 198, 199 of the Criminal Code;
  • Art. 195 of the SK, which provides for the procedure for determining the alimony arrears, including those under Articles 198, 199 of the Criminal Code;
  • Art. 196 of the SK, which provides for liability for late payment of alimony and which applies to the cases provided for in Articles 198, 199 of the Criminal Code;
  • Art. 197 SC, applies to Articles 198, 199 SC regarding the timing of payment of debt and release from it.

Family lawyer about child support in Ukraine

In solving a case for child support for adults, the most optimal is to contact a family divorce lawyer who will help you quickly and efficiently resolve the case in your favor.

Our lawyers specialize in solving family law cases, so they know the subtleties and nuances that will help speed up the process.

The advantages of going to family law lawyers are:

  • the efficiency of solving the case in case of alimony for adults;
  • quick preparation of documents for their submission to the court;
  • saving material and time resources in solving the case;
  • the ability to resolve issues online.
The best way to save time and money with child support is to seek the advice of a good family lawyer!

If you do not know what is the best way to deal with child support for adults, call our family lawyers and they will help you understand the situation!

Today you can solve any issue remotely – online, just write to the messenger (Viber, Telegram, Whatsapp) to our family lawyers.

Frequently asked questions to a lawyer in Ukraine

Who is the plaintiff in the case for the recovery of alimony for the maintenance of an adult disabled child?
For how long is the payment of alimony for disabled children of the first, second, third groups awarded?
Up to what age should parents support their children studying?
What is the minimum amount of support for one child?
Do you need a client's personal presence in court?
What is your experience in family affairs?
What is the cost of legal services in your company?

If the article “Alimony for Adults” was useful for you, please like it. We will provide you with the most relevant and useful information in the field of family law, as well as on current changes in the legislation of Ukraine.

Useful site materials advokat-family.com.ua:

  1. Alimony as a share of earnings
  2. Alimony in firm cash
  3. Additional costs for the child
  4. Exemption of parents from paying alimony
  5. Alimony agreement between parents
  6. Reducing and increasing the amount of alimony
  7. How to check what alimony is spent on – control over alimony
  8. Did not pay alimony – took away the driver’s license
  9. Alimony Without Divorce – How To Get Alimony Without Divorce
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