- What are the conditions for keeping children of their parents?
- Does a father with several adult children have the right to file a claim for the recovery of alimony against one of them?
- Alimony for parents subject to recovery if their income exceeds the subsistence level?
- Conditions for paying alimony for your wife?
- Are alimony for one of the spouses subject to recovery (Article 75 of the UK) if his income exceeds the subsistence level?
What are the conditions for keeping children of their parents?
Conditions of keeping the children of their parents: the obligation to pay alimony to parents can be imposed only on adult children; the need for material assistance lies in the fact that parents are not able to ensure their dignified existence due to the lack of pensions or their low size, as well as due to their lack of other sources of livelihood; incapacity for work of parents (persons who have reached the retirement age established by Article 26 of this Law, or persons with disabilities, as well as persons entitled to a pension in connection with the loss of a breadwinner in accordance with the law (Article 1 of the Law of Ukraine “On Compulsory State Pension Insurance”) , there are no circumstances for the release of children from the obligation to support their parents.
It should be noted that Art. 202 SK imperatively establishes the obligation, and not the right to pay alimony.
In turn, the obligation of an adult daughter or son to support their disabled parents in need of financial assistance (Article 202 of the SK) is not absolute. In this regard, the court, at the request of the daughter, son, against whom a claim has been filed for the recovery of alimony, is obliged to verify their arguments about the parents’ evasion from fulfilling their obligations under them (Article 204 of the SK).
According to the novels provided for by Part 1 of Art. 204 SK, daughter, son are exempted by the court from the obligation to support the mother, father and the obligation to take part in additional costs if it is established that the mother, father did not pay child support, which led to a debt, the total amount of which exceeds the amount of the corresponding payments for three years, and such a debt is outstanding at the time of the court’s decision to determine the amount of alimony for parents.
According to Part 2 of Art. 205 SK, when determining the amount of alimony for disabled parents, it is necessary to take into account the possibility of receiving material assistance from other children who have not been sued for the recovery of alimony, as well as from the wife, husband and their parents.
Does a father with several adult children have the right to file a claim for the recovery of alimony against one of them?
A claim for the recovery of alimony may be brought against:
- to one of the children;
- to several of the children;
- to all children together.
In the event of a claim against one of the children, the court, on its own initiative, has the right to involve other children in the case, regardless of whether a claim is brought against them or not.
Alimony for parents subject to recovery if their income exceeds the subsistence level?
Legislation does not define a restriction on the receipt of alimony in the event that the income received by the parents in whose favor the alimony is being collected exceeds the subsistence level for persons who have lost their ability to work.
According to Part 1 of Art. 202 Investigative Committee of Ukraine, adult daughter, son are obliged to support parents who are disabled and in need of financial assistance.
The legislator binds the obligation of children to support their parents taking into account two circumstances: when the parents are disabled and if they need material assistance, and the legislation does not define restrictions on receiving alimony in the event that the income of the parents in favor of whom the alimony is being collected exceeds the subsistence level for persons, lost the ability to work.
This position is set out in the decision of the Supreme Court of Ukraine dated 11.03.2015 in case No. 6-329sv15 (http://reyestr.court.gov.ua/Review/43115457).
Conditions for paying alimony for your wife?
The conditions for paying alimony for a wife are:
- incapacity for work of one of the spouses (one of the spouses is considered who has reached the retirement age established by law, or is a disabled person of I, II or III groups);
- the need for material assistance (need), if wages, pension, income from the use of his property, other income does not provide him with a living wage established by law (part 4 of article 75 of the SK);
- the ability of the other spouse to provide material assistance (the level of income of the spouse who should provide maintenance, the presence of other persons dependent on him (minor children, parents, other relatives, etc.)).
Are alimony for one of the spouses subject to recovery (Article 75 of the UK) if his income exceeds the subsistence level?
A disabled person who is not provided with a living wage has the right to maintenance (alimony).
According to the provisions of Part 2-4 of Art. 75 of the SK of Ukraine, the right to maintenance (alimony) has the one of the spouses who is incapable of work, needs material assistance, provided that the other of the spouses can provide material assistance. A spouse who has reached the retirement age established by law or is a disabled person of I, II or III groups is considered disabled. One of the spouses is in need of material assistance if the salary, pension, income from the use of his property, other income does not provide him with the minimum subsistence level established by law.
An analysis of the above-mentioned norms of substantive law gives grounds for the conclusion that a disabled person who is not provided with a living wage has the right to maintenance (alimony).
This position is set out in the decision of the Armed Forces of Ukraine dated 05/17/2018 in case No. 766/4061/17 (http://revestr.court.gov.ua/Review/74158190).
Useful site materials divorce.com.ua:
- Recovery of alimony for an adult in Ukraine
- Recovery of alimony for parents and wife in Ukraine
- Method of appointment and arrears of alimony in Ukraine
- Alimony in firm cash in Ukraine
- Procedure for collecting alimony in Ukraine
- Application for the recovery of child support in Ukraine
- Reducing and increasing the amount of child support in Ukraine