How to pay alimony to parents

Few people know that, by law, adult children must support their elderly parents. This right is spelled out in Art. 51 of the Constitution of Ukraine and in Articles 202-206 of the CKU. It comes into force from the moment the parents become disabled. Prices for medicines and food are constantly growing, and there is not enough pension for anything. Usually, children help their mom and dad on their own, but it also happens that they shy away from these responsibilities. In such cases, parents can file a claim for alimony.

Who is eligible for alimony

Alimony to parents can be paid only in such cases:

  • Entry into retirement age;
  • They receive disability groups 1, 2 and 3.

Also, in order for it to become possible to demand the payment of alimony to parents, the following conditions must be met:

  • A relationship was established;
  • Children must be able-bodied and of age;
  • The extremely poor material condition of the parents, which they themselves are not able to fix.

In addition, if the mother or father is seriously ill, then they have the right to demand financial assistance for treatment, even from minor children, if they have a sufficient income.

Parents who are going to file an application need to know that if they at one time avoided fulfilling parental responsibilities or were deprived of parental rights, then they have no legal right to file a claim for alimony to their parents. But in exceptional cases, the judicial institution may award material assistance to the applicants. Such financial support may be assigned for a maximum of three years.

How to apply for alimony for parents

First, you will need to draw up a statement of claim and submit it to the judicial institution at the place of residence of the plaintiff. A claim for alimony to parents can be filed for one of the children, for all children at once or for several of them at the applicant’s discretion. Also, the court can independently prosecute the rest of the offspring in the case, if the claim was filed only against one of them. In addition to the application, the package of documents includes:

  • A copy of the passport data of the father and mother;
  • A copy of the birth certificate of children;
  • Documents confirming the need for material assistance.

It is worth noting that only parents can apply for the collection of alimony from children. Children or relatives are not entitled to make such claims to other offspring of their father and mother.

The amount of alimony

If the court satisfies the claims of the plaintiff, then a monthly payment of alimony is appointed in a fixed amount or in part from the income of the defendant. The amount of payments depends on many factors, but initially the applicant himself indicates the desired amount of funds. The court can satisfy these requirements, reject or appoint its own version of material assistance.

Before assigning alimony to parents, the court takes into account the following factors:

  • The financial situation of a son or daughter, their families, if any;
  • All types of income of the parties to the case are taken into account;
  • Health status of both children and parents;
  • The offspring have dependents or other mandatory payments, for example, child support or alimony for disabled spouses.

If the father and mother live with their son or daughter, then this person bears the material costs of their maintenance. Given these circumstances, the court may release such an offspring from parental support payments or reduce their amount.

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