Pensioner who held over 100,000 USD in deposits demanded alimony from her daughter — court decision

The Podilskyi District Court of Kyiv city denied the mother's claim to recover alimony from her adult daughter. The court reminded that parents' right to maintenance arises not only in case of their incapacity to work but also if there is a need for financial assistance. In this case, the court found that the plaintiff did not provide sufficient evidence of such need.

The plaintiff requested alimony from her daughter amounting to one-quarter of all her income for life, citing old age, numerous chronic illnesses, low income, and the necessity of constant medical expenses. Meanwhile, the daughter opposed the claim, stating that she had previously voluntarily helped her mother but now is raising three minor children, is on unpaid leave to care for a child who requires home care, and her husband is serving in the military.

Circumstances of the case

The plaintiff stated that she is a pensioner, suffers from several serious illnesses, regularly undergoes treatment, and needs personal hygiene products. According to her, the funds she receives are insufficient to cover basic needs, and after a family conflict, her daughter stopped providing financial support. She also claimed that in 2023 she gifted her daughter an apartment, expecting further support, and if she had not done so, she could have sold the property to provide for herself.

The daughter denied avoiding helping her mother. She noted that in 2025 she transferred 32,000 UAH to her mother, and the dispute arose after the deterioration of family relations. Additionally, the defendant emphasized that the plaintiff has an adult son, from whom no alimony claims were made.

According to the defendant, she supports three minor children. At the time of the case review, she was on unpaid leave to care for a child requiring home care, had no personal income, and the sole breadwinner was her husband, who serves in the Armed Forces of Ukraine.

What the court established

During the case review, the court examined the plaintiff's health, income, and property status.

The court found that during the case, the plaintiff registered for an old-age pension and from March 11, 2026, began receiving a pension of 3,406 UAH. She is also provided with housing, registered as a recipient of social services, receives food packages, certain social services, and personal hygiene products when available.

Furthermore, the court discovered that from 2022 to 2026, the plaintiff had foreign currency deposits in the bank, the largest exceeding 105,000 USD, as well as deposits over 14,000 USD and 1,120 USD. During the case, she also gifted a car she owned to another person.

At the same time, the court considered that the defendant had no personal income at the time of the decision, was on unpaid leave to care for a child, raised three minor children, and her husband was serving in the military and directly involved in Ukraine's defense activities.

Legal position of the court

The court noted that according to Article 202 of the Family Code of Ukraine, adult children are obliged to support parents who are incapacitated and need financial assistance. The obligation to pay alimony arises only if there is a combination of legal facts, namely the parents' incapacity and their need for financial help. If at least one of these conditions is absent, the maintenance obligation does not arise.

The court also emphasized that the mere fact of incapacity does not automatically create the right to alimony. When resolving the dispute, the material situation of the parents, their receipt of pensions, social payments, subsidies, availability of property, and other sources of support must be considered.

In case 758/4114/26, the court concluded that the plaintiff did not provide evidence of needing external financial assistance. At the same time, the court took into account her housing provision, receipt of pension and social support, significant past bank deposits, and the fact that she gifted a car to another person. Conversely, the defendant had no personal income, supported three minor children, and her husband served in the military. Under these circumstances, the Podilskyi District Court of Kyiv city denied the claim for alimony to support the mother.

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