Alimony After 18 Years: When Parents Are Obliged to Support a Child with a Disability
Supporting a child with a disability is the parents' obligation even after the child reaches adulthood if the child is incapacitated and requires financial assistance. The Sumy Interregional Department of the Ministry of Justice explained how the issue of alimony is regulated in Ukraine in such cases and who can claim financial support.
According to the norms of the Family Code of Ukraine, parents are obliged to support an adult child if the child is incapacitated due to a disability and requires assistance, and the parents have the ability to provide it.
Alimony payments can be arranged in several ways:
- by voluntary agreement between the parents;
- through a notarized agreement on alimony payments;
- in court.
Also, the right to financial support may be granted to the parent who permanently lives with the child with a disability and takes care of them. For this, the other spouse must have the ability to provide financial support.
This right remains throughout the period of cohabitation with the child and caregiving. At the same time, the income level of the parent providing care does not affect the possibility of receiving support.
The amount of alimony is determined by the court. Payments can be established either as a share of the payer's income or as a fixed monetary amount.
When considering the case, the court takes into account:
- the child's health condition and financial situation;
- the financial status of the alimony payer;
- the presence of other dependents;
- the payer's property, funds, and property rights;
- significant expenses of the payer if the source of funds is not confirmed.
Claims for alimony recovery, increasing the amount, recovering penalties, or additional expenses for the child can be filed at the plaintiff's place of residence. At the same time, plaintiffs in alimony cases are exempt from paying court fees in all judicial instances.
The Ministry of Justice emphasized that alimony obligations regarding children with disabilities are an important mechanism to ensure proper living conditions, treatment, and social support for such individuals.
Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp pages on Facebook and Instagram to stay informed about the most important events.
