Father with a disability wanted to collect 1500 UAH in alimony from his student son: one circumstance was decisive

The Zolotonosha City District Court of Cherkasy region denied the father’s claim to collect alimony from his adult student son. The court emphasized that the mere fact of disability does not automatically create an obligation for adult children to support their parents. To collect alimony, the plaintiff must prove not only his disability but also that he truly needs financial assistance.

The father demanded alimony from his son

The court considered the case filed by a man against his adult son to collect alimony for the support of the disabled father.

The plaintiff stated that he is a person with a group II disability and a pensioner, and after the divorce, he lives separately. He sent a written request to his son for financial support but received no response. Therefore, the man asked the court to collect alimony from the defendant in the amount of 1500 UAH per month.

What the son objected to

The defendant did not acknowledge the claim. He explained that he is a third-year full-time student at the National Transport University, has no permanent income, and lives on an academic scholarship and financial assistance from his mother. Additionally, he noted that the father already receives financial support from another adult son, so there are no grounds for alimony collection.

What circumstances the court established

During the case review, the court confirmed that the plaintiff is indeed a person with a group II disability and receives a pension.

The court also established that the defendant is a full-time student whose main income is an academic scholarship, his mother regularly transfers money to him, and another adult son systematically provides financial assistance to the father.

Why the court denied the claim

The court referred to Articles 202 and 204 of the Family Code of Ukraine, as well as explanations from the Plenum of the Supreme Court.

The decision states that the right of disabled parents to maintenance from adult children arises only if two mandatory conditions are met: the parents are disabled and need financial assistance.

The court in case 695/1167/26 emphasized that the mere fact of disability, including due to disability or reaching retirement age, does not automatically create an obligation for adult children to pay alimony. When resolving such disputes, it is necessary to assess the parents' financial situation, including their pension, state support, other income, or assistance from other persons.

Assessing the need for financial assistance, the court took into account that the plaintiff receives a pension and financial support from another adult son. Under these circumstances, the court concluded that the plaintiff did not prove the need for financial assistance, which is one of the mandatory conditions for the obligation of adult children to support their parents.

Court conclusion

The Zolotonosha City District Court of Cherkasy region denied the claim to collect alimony from the adult son.

The decision may be appealed to the Cherkasy Court of Appeal in accordance with the law.

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