When children are obliged to pay alimony to their parents: what does the court take into account?

In Ukraine, the law directly stipulates the obligation of adult children to support their parents. These are cases when the parents are unable to work and need financial assistance. The relevant norm is enshrined in the Family Code and is subject to mandatory implementation regardless of personal relationships in the family.

The Ministry of Justice explains: in such cases, the court always evaluates not one circumstance, but a whole complex of factors – from the state of health of the parents to the financial capabilities of the children.

What are the conditions for collecting alimony

The court can oblige children to support their parents only if there are two key conditions:

parents’ inability to work

real need for financial assistance

This takes into account:

parents’ income level

presence of a pension or other sources of livelihood

health
material situation of the children

If it is established that the child has a stable income, the court can determine monthly alimony in a fixed amount.

Additional expenses: when they can also be collected

In addition to regular payments, the law also provides for additional financial responsibility.

In exceptional situations — for example, in the case of a serious illness or the need for constant care — the court may oblige children to:

compensate for medical expenses

pay for rehabilitation

cover the costs of external care

Such expenses can be collected both once and over a certain period of time.

When the court may refuse

At the same time, the obligation of parents to maintain is not unconditional.

The court may refuse to collect alimony if it is proven that the parents:

evaded from fulfilling their obligations towards the child

did not participate in his upbringing

It is also possible to reduce the amount of payments.

When alimony can be less

The court also takes into account the situation of the child himself. In particular:

difficult financial situation
the presence of other dependents
health

In such cases, the amount of alimony may be reduced to the minimum level.