✅ Child support for adults

Child support for adults

Grounds for paying alimony for adults

Alimony for adults is paid if there are grounds for their payment.

The grounds for the emergence of the obligation of parents to support their adult daughter, son are:

  • parents are obliged to support their adult disabled daughter, son, in need of material assistance, if they can provide such material assistance;
  • the obligation of parents to support their adult children arises in the presence of a legal structure.

This obligation includes, in the aggregate, the following legal facts:

  • adult children are disabled;
  • adult children are in need, that is, those who need material assistance;
  • parents can provide financial assistance.

Payment of alimony to adult disabled children

Child support for adults is paid to disabled children. The incapacity for work of adult children, whose origin is from a specific mother, father, certified by the body of state registration of acts of civil status in the manner prescribed by law.

In the alimony obligations, incapacity for work is determined by analogy with the law in the manner of recognizing one of the spouses as incapable of work in order to give him maintenance under Part 3 of Art. 75 of the Family Code.

That is, a person who has reached the retirement age established by law is considered to be incapacitated. And also a person with disabilities of I, II or III groups.

Child support for adults: an example from legal practice

Consider an example of solving a case about child support for adults. It should be noted that in the decision of the Constitutional Court of Ukraine in the case of the constitutional appeal of the citizen Alexander Semenovich Zaporozhtsev regarding the official interpretation of the provisions of Part 1 of Art. 1241 of the Civil Code of Ukraine (the case of the right to a compulsory share in the inheritance of disabled adult children of the testator) dated February 11, 2014 No. 1-rp / 2014 states:

“The Constitutional Court of Ukraine, disclosing the content of the concept of” adult disabled children “, used in par. 1 h. 1 tbsp. 1241 of the Code on the right to a compulsory share in the inheritance, based on the provisions of Part 3 of Art. 75 of the Family Code. Which refers to the category of “disabled” disabled people of I, II and III groups, as well as pension legislation and laws of Ukraine that regulate social insurance and define the concept of “disabled”.

The Constitutional Court of Ukraine came to the conclusion that, regardless of the content of the will, the adult disabled children of the testator, who, in the manner prescribed by law, are recognized as invalids of I, II or III groups, have the right to a compulsory share in the inheritance.

The Law of Ukraine “On Compulsory State Pension Insurance” in Art. 1 contains definitions of the term “disabled citizens” – persons who have reached the established Art. 2 of this Law of retirement age, or persons with disabilities, including children with disabilities, as well as persons entitled to a survivor’s pension in accordance with the law.

In particular, according to par. 2 h. 1 tbsp. 26 of the Law of Ukraine “On Compulsory State Pension Insurance”.

Legislative regulation of payments to disabled persons

So, starting from January 1, 2018, the right to the appointment of an old-age pension upon reaching the age of 60 is available to persons with an insurance record in the period from January 1:

  • 2018 to December 31, 2018 – at least 25 years old;
  • 2019 to December 31, 2019 – at least 26 years old.
  • 2020 to December 31, 2020 – at least 27 years old;
  • 2021 to December 31, 2021 – at least 28 years old and the like.

In par. From Part 1 of Art. 26 of the Law of Ukraine “On Compulsory State Pension Insurance” is noted upon reaching the age established by paragraphs 1 and 2 of part. Women born in 1961 and older after reaching a certain age are eligible for an old-age pension, subject to the relevant insurance experience.

Age features of state pension insurance

So, women born in 1961 and older after reaching the following age have the right to an old-age pension, if they have an appropriate insurance experience:

  1. 55 years old – born on September 30, 1956 inclusive;
  2. 55 years 6 months – born from October 1, 1956 to March 31, 1957;
  3. 56 years old – born from April 1, 1957 to September 30, 1957;
  4. 56 years 6 months – born from October 1, 1957 to March 31, 1958;
  5. 57 years old – born from April 1, 1958 to September 30, 1958;
  6. 57 years 6 months – born from October 1, 1958 to March 31, 1959;
  7. 58 years old – born from April 1, 1959 to September 30, 1959;
  8. 58 years 6 months – born from October 1, 1959 to March 31, 1960;
  9. 59 years old – born from April 1, 1960 to September 30, 1960;
  10. 59 years 6 months – born from October 1, 1960 to March 31, 1961;
  11. 60 years old – born from April 1, 1961 to December 31, 1961.

For the incapacity for work of adult children who are persons with disabilities of I, II or III groups, it is necessary to take into account that a person’s disability is established by a medical and social expert commission. Part 8 of Art. 7 of the Law of Ukraine “On the rehabilitation of persons with disabilities in Ukraine” notes that medical and social expert commissions determine the group of disability, its cause and time of occurrence.

In accordance with Art. 3 of the Law of Ukraine “On the Fundamentals of Social Protection of Persons with Disabilities in Ukraine” disability as a measure of loss of health is determined by expert examination in the bodies of medical and social expertise.

Clause 24 of the Regulation on medical and social expertise, approved by the Resolution of the Cabinet of Ministers of Ukraine dated December 3, 2009 No. 1317. It assumes that the medical and social expert commission issues a person who is recognized as a person with a disability or in relation to whom the fact of loss of professional ability to work is established, a certificate and an individual rehabilitation program and sends, within three days, an extract from the commission’s inspection report to the body in which a person with a disability is registered as a recipient of a pension or state social assistance (monthly lifelong pay) intended instead of a pension, and together with an individual rehabilitation program – to the body, which carries out state social insurance, an extract from the commission’s inspection report on the results of determining the degree of loss of professional ability to work as a percentage and the need to provide additional types of assistance.

So, the period of incapacity for work of an adult child who is a person with a disability is determined by the Medical and Social Expert Commission. Accordingly, the period when it is necessary to collect alimony from parents for an adult incapacitated daughter, son, who are persons with disabilities, cannot exceed the period for which the disability of the daughter, son is established.

The need for material assistance as a basis for the payment of alimony

The recognition of a person who needs material assistance is also determined by analogy with the law in the manner of recognizing one of the spouses as needing material assistance, to provide him with maintenance under Part 4 of Art. 75 of the Family Code. That is, an adult child is such that it requires material assistance if the salary, pension, income from the use of his property, other income does not provide him with a living wage established by law.

Article 7 of the Law of Ukraine dated December 15, 2020 1082-IX “On the State Budget of Ukraine for 2021” established a living wage in 2021.

So, per person per month for persons who have lost their ability to work in the period from 1:

  • January – 1769 hryvnia;
  • July – 1854 hryvnia;
  • December – 1934 hryvnia.

Parents’ ability to pay child support

It is possible to recognize the mother or father of an adult child as those who can provide material assistance if the mother, father of an adult child are themselves provided for at least the subsistence level established by law.

The definition of parents who are able to provide material assistance to an adult disabled child depends on the income they receive, while the subsistence minimum established for them by law depends on their ability to work.

So, Art. 7 of the Law of Ukraine “On the State Budget of Ukraine for 2021” contains the following provision: to establish in 2021 the subsistence minimum for one person per month in the amount for:

  • able-bodied persons: from January 1 – 2270 hryvnia, from July 1 – 2379 hryvnia, from December 1 – 2481 hryvnia;
  • persons who have lost the ability to work: from January 1 – 1769 hryvnia, from July 1 – 1854 hryvnia, from December 1 – 1934 hryvnia.

If the parents of an adult child are themselves incapacitated, then there is a mutual obligation of the adult child to support them.

Judicial procedure for the recovery of alimony for adults

Abs. 4 clause 15 of the resolution of the Plenum of the Supreme Court of Ukraine “On the application by courts of certain norms of the Family Code of Ukraine when considering cases concerning paternity, motherhood and the recovery of alimony” provides that the recovery of alimony for a daughter, son who has reached the age of majority, on the grounds provided for in Articles 198, 199 of the Family Code, is carried out in court on new statements of claim.

It should be noted that when filing a claim for the recovery of alimony, the rule of alternative jurisdiction of court cases applies. According to Part 1 of Art. 28 of the Civil Procedure Code, claims for the recovery of alimony, indexation of alimony, change in the method of collecting them, may also be filed at the registered place of residence or stay of the plaintiff.

Accordingly, claims for the recovery of alimony from parents for the maintenance of adult disabled children may be filed both at the place of residence or location of the defendant registered in the manner prescribed by law, and at the registered place of residence or stay of the plaintiff.

According to clause З of h. 1 of Art. 5 of the Law of Ukraine “On Court Fee” from paying court fees when considering a case in all courts, plaintiffs are exempted – in cases of collecting alimony, payment of additional costs for a child, collecting a penalty (penalty) for late payment of alimony, indexing alimony or changing the way it is levying.

Disputes about alimony for adults can be considered in the order of simplified action proceedings, taking into account the provisions of paragraph 1 of part 4 of Art. 274 of the Civil Procedure Code.

The court allows immediate execution of decisions in cases of the recovery of alimony – within the amount of payment for one month.

According to Part 2 of Art. 445 of the Civil Procedure Code for cases of the recovery of alimony, the reversal of execution is not allowed regardless of the order in which the decision was made, except for cases when the decision was based on forged documents or on knowingly false information of the plaintiff.

Duty of Parents to Maintain Adults Who Study

Alimony payments to adult children who study occur in the event of:

  1. If an adult daughter or son continues their education and in this regard need material assistance, the parents are obliged to support them until they reach twenty-three years, provided that they can provide material 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.
  4. The obligation of parents to support their adult daughter, son, who continue their education after reaching the age of majority, arises if there is a legal structure.

Grounds for collecting alimony for adults

The legal grounds for paying alimony to adult students are:

  1. A daughter, a son, reaches the age of over 18, but is less than 23 years old.

To confirm this fact, it is necessary to provide written evidence confirming the age of an adult child and the existence of kinship (adoption) between an adult child and his father, mother, in particular, a copy of the passport, a copy of the child’s birth certificate or an extract from the State Register of Civil Status of Citizens on the state registration of the birth of a child, a copy of a court decision on the establishment or recognition of paternity, and the like.

Copies of written documents are duly certified in accordance with the procedure established by the current legislation, or the participant in the case confirms the compliance of the copy of the written evidence of the original, which is with him, with his signature indicating the date of such certification, taking into account the requirements of Art. 95 of the Civil Procedure Code.

2. Continued by daughter, son of learning.

This fact is confirmed by a certificate from a higher education institution or other educational institution where an adult child continues to study. It should be noted that the form of education of an adult child for the collection of alimony from the mother, father does not matter.

Thus, the Civil Court of Cassation of the Supreme Court, in its ruling of April 17, 2019 in case No. 644/3610/16-c, critically assessed the conclusions of the courts of first and appeal instances and did not agree that, while studying at the correspondence department, the adult plaintiff has the opportunity to work and to earn a living, which removes the responsibility of the parents to maintain it.

3. The need for material assistance in connection with training.

The need of adult children for material assistance should be determined precisely by their education (the need to pay for tuition, the need to purchase educational literature, a computer or other device for working with information, the cost of travel to higher education institutions or another educational institution, the cost of food).

Alexey Skryabin
family lawyer
Those in need of material assistance in connection with education can be both an adult daughter, a son studying under the state order, and those adult children studying under a contract. In this case, it is necessary to evaluate in the aggregate all the evidence, in particular, adult children receive a scholarship or study under the state order; they work, studying in absentia; why adult children do not work if they study in absentia; whether adult children are disabled.

4. The ability of parents to provide financial assistance.

Parents are considered to be those who can provide material assistance if they are provided with more than the subsistence level established by law.

Consideration of cases in court for the recovery of alimony for adult students

According to par. 1 clause 20 of the resolution of the Plenum of the Supreme Court of Ukraine “On the application by courts of certain norms of the Family Code of Ukraine when considering cases concerning paternity, motherhood and the recovery of alimony”, the obligation of parents to support their adult daughter, son, who continue to study after reaching the age of majority (regardless of the form of education), arises with the obligatory combination of such legal facts:

  • the daughter or son reaches the age of over 18, but less than 23 years;
  • their continuing education;
  • the need in this regard for material assistance;
  • the ability of parents to provide such assistance.

Alimony for adult students during the holidays

Parents are not exempt from the obligation to support their adult daughter, son, who continue their education after reaching the age of majority, and during the holidays.

In the ruling of the Civil Court of Cassation of the Supreme Court of January 23, 2019 in case No. 346/103/17, it is noted that the recovery of alimony for the maintenance of a child who continues to study is one of the ways to protect the interests of the child, ensuring that he receives the funds necessary for his life, since for the period of study he does not have independent earnings and needs material assistance from the parents, who are obliged to support their adult children who continue to study until they reach twenty-three years.

The panel of judges cannot agree with the conclusions of the courts on the release of the defendant from the obligation to pay alimony while PERSON 5 is on vacation, since such an exception is not provided for by the current legislation, and the fact that PERSON 5 does not undergo training during the vacation is not a basis for exemption from Art. 199 of the Family Code, the responsibility of parents to support an adult son who continues his studies, since the vacation time is included in the period of study.

According to the content of Art. 199 of the Family Code, the legislator defines the obligation of parents to support adult children who continue to study, that is, for the entire period of study, which covers the period from entry to graduation or expulsion from education.

Thus, the conclusion of the court of first instance, with which the appellate court agreed, on the release of the defendant from the obligation to pay alimony during the stay of PERSON5 on vacation, is such that it does not comply with the norms of substantive law, in connection with which the decision of the courts is subject to change by excluding them from them. references to the phrase “excluding vacation time”.

Termination of education by an adult child and payment of alimony

The right to content ceases upon termination of the training.

The right of an adult child who continues his studies to be supported by his parents may be terminated both by termination of education in connection with the end of education, and in connection with expulsion from an educational institution. In addition, the alimony obligations of parents to support an adult daughter, son, who continue their education, are terminated by the death of the payer or recipient of alimony.

It is also necessary to take into account that the offset of counterclaims, novation as grounds for terminating the obligation, are not applied to the alimony obligations, since according to paragraph 2 of Part 1 of Art. 602 of the Civil Code, it is not allowed to set off counter claims for the recovery of alimony and in accordance with Part 3 of Art. 604 novation is not allowed in relation to obligations to pay alimony.

Persons who can file a claim for the recovery of alimony to adults

The circle of persons who can file a claim for the recovery of alimony for the maintenance of an adult child who continues to study:

  • the parent with whom the daughter lives, the son;
  • adult daughter, son themselves, who continue their education.

Granting to the parent with whom the adult daughter, son lives, the rights of a procedural representative of the adult child is due to the fact that in certain cases the adult child does not want to “complicate” his relationship with the parent who lives separately from him. However, it should be noted that an adult child is fully capable, he is the owner of the alimony, which is collected for his maintenance.

According to Part. Art. 199 of the Family Code, the daughter, the son who continues to study, as well as the parent with whom they live should have the right to go to court for the recovery of alimony.

In the event of a claim filed by one of the parents, the court may involve in the case (if, depending on its circumstances, it deems it necessary) an adult daughter, son, who continue to study and in whose favor alimony is charged (paragraphs 2-3, clause 20 Resolutions of the Plenum of the Supreme Court of Ukraine “On the application by courts of certain norms of the Family Code of Ukraine when considering cases concerning paternity, motherhood and the recovery of alimony”).

The amount of alimony for an adult daughter, son

Features of determining the amount of alimony for adults:

  1. The court shall determine the amount of alimony for an adult daughter, son in a fixed sum of money and or) 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. The court determines the amount of alimony for an adult daughter, son in a fixed amount of money and (or) in a share of the earnings (income) of the alimony payer, taking into account the circumstances specified in Art. 182 of the Family Code.

When determining the amount of alimony for an adult daughter, son, in particular, other circumstances of significant importance may be taken into account.

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Thus, the Civil Court of Cassation of the Supreme Court, in its ruling of April 17, 2019 in case No. 644/3610/16-c, noted that the legal relationship between the parents of an adult daughter and son is governed by Chapter 16 of the Family Code, which, in particular, provides for the obligation “communication parents to support their adult daughter, son, who continue their studies and in this regard need material assistance, by the way of paying alimony (Articles 199, 200, 201 of the Family Code). When determining the amount of alimony, the cost of education, the cost of textbooks, institution, residence at the place of its location.

Despite the direct indication of the law regarding the consideration of the circumstances specified in Art. 182 of the Family Code, when determining the amount of alimony for adult children, the court takes into account the circumstances established by Part 1 of Art. 182 of the Family Code, but cannot apply the provisions of Part 2 of Art. 182 of the Family Code regarding the minimum guaranteed (at least 50 percent of the subsistence minimum for a child of the corresponding age) and the minimum recommended (the amount of the subsistence minimum for a child of the corresponding age) amount of alimony per child.

Alimony for adults: features of calculating the amount

Alimony for adults is calculated in accordance with applicable legal regulations. Since alimony obligations arise for parents in relation to adult disabled children or adult children continuing education and in need of material assistance, and not in relation to a child – a person until they reach the age of majority.

The maximum amount of deductions from wages and other incomes of the debtor for collecting alimony from parents for the maintenance of their adult children cannot exceed 50 percent of the wages that must be paid to the employee, including in the case of deductions under several executive documents, taking into account the provisions of Art. … 70 of the Law of Ukraine “On Enforcement Proceedings”.

When determining the amount of alimony from one of the parents, the court takes into account the possibility of providing maintenance to the second parent, his wife, husband and adult daughter, son (Article 200 of the Family Code). It should be noted that the Family Code proceeds from the principle of equality of both the rights and responsibilities of parents in relation to a child, including the obligation to support the mother and father of an adult child, subject to the conditions established by law.

There are also alimony obligations of spouses, alimony obligations of an adult daughter, son for the maintenance of parents, therefore the legislator draws the court’s attention to the fact that it is precisely when determining the amount of alimony from one of the parents for the maintenance of an adult child that it is necessary to take into account the possibility of the above persons to provide maintenance to an adult.

This situation means that the second parent, their wife, husband and adult daughter, son should not be involved as co-defendants in the case for the recovery of alimony from one of the parents for the maintenance of an adult child.

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

Alimony obligations of parents to support adult disabled children and alimony obligations of parents to support adult children who continue their education.

In accordance with Art. 201 of the Family Code, the provisions on:

  • deduction of alimony at the initiative of the payer by filing an application at the place of work, place of payment of pension, scholarship for deducting alimony or at the initiative of the recipient of alimony to whom the alimony was awarded, by filing an application with a writ of execution for deducting alimony from wages, pension, scholarships or other income of the payer alimony;
  • conclusion of an agreement between parents on the payment of alimony;
  • conclusion of an agreement between parents on the termination of the right to alimony for adults in connection with the transfer of ownership of real estate;
  • the time from which the child support is awarded;
  • changes in the amount of alimony;
  • collection of alimony for the past time and alimony arrears;
  • determination of arrears on alimony, awarded in a share of earnings (income);
  • liability for late payment of alimony;
  • setting a deadline for payment of debt and exemption from payment of alimony arrears.

Family Advocate for Child Support Cases

The best solution in adult child support disputes is to contact experienced family lawyers.

Family lawyer:

  • will consult on your question;
  • will help to determine the best option for solving the case;
  • prepare all the necessary documents;
  • will accompany you throughout the entire trial.

Our lawyers will do everything necessary for a quick and high-quality completion of the case!

Alexey Skryabin
family lawyer
Contacting us is a way to save time and money in resolving the issue of paying alimony to adult children!

If you do not know how to do the right thing to decide the case in your favor – write or call our family lawyers!

The first step towards success in an adult child support case is to turn to good family lawyers!

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🔥 site tags advokat-skriabin.com: child support for adults, student, disabled children, statement of claim.

Can an adult child receive child support?
Up to what age can an adult child who is studying receive child support?
Who can sue for child support for adult children?

Useful site materials advokat-skriabin.com:

  1. Alimony after divorce
  2. The procedure for collecting alimony for a child
  3. Alimony as a share of earnings
  4. Alimony in firm cash
  5. Additional costs for the child
  6. Exemption of parents from paying alimony
  7. Agreement between parents on the payment of alimony
  8. Reducing and increasing the amount of alimony
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YANDEX
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Checked by Victoria on 23.06.21

ADVEGO

adult 95 2.98
alimony 83 2.60
child 62 1.94
parent 47 1.47
adult children 42 1.32 / 2.63
alimony for adults 33 1.04 / 2.07
article 33 1.04
son 33 1.04
daughter son 31 0.97 / 1.94
daughter 31 0.97
training 30 0.94
family 29 0.91
code 28 0.88
content 28 0.88
Ukraine 25 0.78
collection 24 0.75
help 24 0.75
recovery of alimony 23 0.72 / 1.44
law 23 0.72
material assistance 22 0.69 / 1.38
material 22 0.69
disabled 21 0.66
court 21 0.66
family code 20 0.63 / 1.25
adult daughter 20 0.63 / 1.25
adult daughter son 20 0.63 / 1.88
continue 19 0.60
right 17 0.53
charge 16 0.50
be 16 0.50
payout 14 0.44
disability 14 0.44
size 14 0.44
contain 14 0.44
state 12 0.38
achievement 12 0.38
one 12 0.38
bond 12 0.38
ship 12 0.38
age 11 0.35
payment of alimony 11 0.35 / 0.69
required 11 0.35
disabled children 11 0.35 / 0.69
it is 11 0.35
definition 11 0.35
continue their studies 11 0.35 / 0.69
the amount of alimony 11 0.35 / 0.69
solution 11 0.35
born 11 0.35

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SKRIABIN
Can an adult child receive child support?
Yes, an adult child can receive child support if he is studying, disabled, needs financial assistance, or parents can provide this financial assistance.
Up to what age can an adult child who is studying receive child support?
Up to what age can an adult child who is in school receive child support? An adult child who is studying is eligible for child support until the age of 23?
Who can sue for child support for adult children?
Alimony for adults can be collected by the parent with whom the daughter, son and the adult children themselves who continue their education live.