PAYMENT OF MAINTENANCE to the disabled parents
Article 51 of the Constitution states that adult children are obliged to take care of their disabled parents. Of course, the law cannot oblige your child to love you, or to come to visit and call every weekend. However, it still establishes the obligation of children to provide material support to their parents if they become incapable of work and need financial assistance.
You do have the right to recover child support from your children if you prove the following in the aggregate:
1. You have become incapacitated
In Art. 202 of the Family Code does not specify what exactly includes the concept of incapacity for work. It follows from the case law that this circumstance is primarily related to:
- upon reaching retirement age: for women - 55 years, for men - 60 years.
- with disabilities: invalids of I and II groups, under certain circumstances and III groups.
With regard to disabled people of group III, the issue is resolved individually, as such persons may be hired on special conditions, and therefore will not always be considered incapable of work.
- with the receipt of a pension in connection with the loss of a breadwinner: a circumstance arising from Art. 1 of the Law "On Compulsory State Pension Insurance", and is also applicable in this case, as can be seen in the example of the decision of the Kyiv Court of Appeal of 27.02.2019 in case №758 / 13173/17.
To prove your incapacity for work, you must submit appropriate evidence to the court, in particular, a pension certificate, MSEC conclusions, LTEK or any other documents that can confirm the fact of disability, etc.
2. You need financial help
This criterion, in practice, is usually more difficult to prove, because the court decides the issue the actual need for material assistance is always at its discretion, taking into account the specific circumstances. The Supreme Court has repeatedly noted that a comprehensive approach is required in determining financial status, taking into account the receipt of pensions, state benefits, subsidies, the availability of income-generating income for parents, and so on.
Here are some examples of determining the need for financial assistance from case law:
Resolution of the Supreme Court of September 5, 2019 (case №212 / 1055/18-ts):
The court ordered the children to pay child support for the mother, whose only income was a pension, without any other source of income. The plaintiff did not have enough of these funds, as she spent a significant part of them on treatment and purchase of drugs, as she had cancer.
Resolution of the Supreme Court of February 5, 2020 (case №758 / 13173/17):
The court noted that even though the plaintiff received a pension of more than the subsistence level, he was entitled to alimony because he needed treatment and the purchase of permanent medicines due to his advanced age (76 years) and health problems. .
Resolution of the Lviv Court of Appeal of 22.06.2020 (case №456 / 3111/19):
The court found that the plaintiff has income not only from his pension, but also additional income from renting a house and land. However, taking into account the plaintiff's state of health and the need for treatment and medication, the court found him in need of financial assistance, although he reduced the amount of alimony.
Resolutions of the Supreme Court of October 10, 2018 (case №301 / 160/17):
Defendants were required to pay alimony to the father, given that that he is an elderly person, a disabled person of group II, receives a disability pension in the amount of UAH 1,286.50, has no other income. Since 2006 he has been suffering from diabetes, in 2012 he underwent heart surgery, in 2016 he underwent surgery to remove blood vessels in his left leg. He is shown the systematic use of drugs, which is costly, and therefore he is in a difficult financial situation and needs outside financial assistance.
Resolution of the Supreme Court of April 16, 2018 (case №759 / 1315/17):
In this case, the plaintiff was a single elderly woman who received a pension of UAH 1,363.07 and had no other income. She also did not have a husband or other close person who could help and support her financially. Most of the pension is forced to spend on utilities, and there were not enough funds for household necessities.
Resolution of the Supreme Court of February 26, 2020 (case №233 / 4252/18):
The plaintiff was incapable of work, a person with a group II disability and received a pension of UAH 1,452.00. He also had a debt of UAH 22,000.00 for non-payment to his ex-wife on several writs of execution and a debt for gas supply services in the amount of UAH 22,400.00 and for water supply services in the amount of UAH 3,000.00. Due to this, he was not able to provide himself with the necessary drugs and undergo inpatient treatment. Based on this, the court ordered his two daughters to pay child support.
Resolution of the Supreme Court of October 2, 2019 (case №301 / 1359/16-ts):
The court found that the plaintiff is a disabled person of group II, incapable of work, has no home, his only income is a pension of UAH 1,300.00, which based on his state of health and difficult living conditions, can not satisfy his vital needs. Consequently, there were all grounds for assigning child support.
Resolution of the Kyiv Court of Appeal of 16.06.2020 (case № 759/7261/19):
An example is that a court may dismiss a claim for child support if the plaintiff receives, in addition to the pension, other income that covers her expenses.
3. Your child is an adult
The Family Code clearly states that only children who have reached the age of majority can be entitled to child support. However, even if minor children have acquired civil capacity before the age of 18 (through marriage or employment), they are not obliged to pay alimony to their parents. Yes, they can acquire legal capacity, but do not become obliged to refrain from it their own disabled parents.
It should be noted that the appointment of child support will not be affected by the child's financial security and the presence of other children who could also provide maintenance to the plaintiff's parents. These circumstances will necessarily be taken into account by the court in determining the amount of alimony, but in no way affect the very fact of their appointment.
4. You once provided proper care for your child
Obviously, you cannot count on child support if you yourself have not complied with the maintenance obligation until they reach the age of majority.
In accordance to the part of the first article 204 SC Ukraine, daughter, son can to be fired court from duty hold mother, father and duty brothers participate in additional costs, if any found that mother, father evaded their parental responsibilities.
Of course, children themselves have to take care of their parents, and this is the least they can do as a token of gratitude to the mother and father who supported them throughout their childhood. For children who forget about this duty, the law contains a mandatory procedure for collecting alimony.
If you have a really difficult financial situation, and the children can help you, but do not do it voluntarily, do not hesitate to go to court to sue for child support. Call or write to the lawyers of the Podolsk Legal Center for additional clarifications and assistance in drafting a lawsuit, gathering evidence and supporting the case during the trial.
Remember that there are no hopeless situations!