When are children obliged to pay alimony to parents: new requirements and consequences of non-payment.

The right of incapacitated parents to financial support from adult children is enshrined in legislation, but it has specific conditions for application. Journalist Irina Polyakova explained in which cases children are required to support their parents and what consequences may arise for evading this obligation.

Legislative basis and mandatory conditions

According to Article 51 of the Constitution of Ukraine and Article 202 of the Family Code, adult children are obliged to support their incapacitated parents who need material assistance. This obligation arises when three conditions are met simultaneously:

1. Presence of blood relation or other significant ties (for example, adoption)
2. Parents are physically unable to work
3. Parents cannot survive without additional material assistance

'If at least one of these conditions is absent, the court will release children from the obligation to support parents,' emphasizes Polyakova.

Determining the need for material assistance

A person is considered to need material assistance if their income is below the subsistence minimum. For persons who have lost their ability to work, this figure currently stands at 2361 UAH.

When considering cases, the court takes into account the financial situation of the parents:

• Presence of a pension or other monetary support
• Receiving subsidies or benefits
• Presence of property that can generate income

If parents have real estate, which they could theoretically rent out but do not do so, the court may refuse to collect alimony.

Cases of exemption from payments

The court may release a child from the obligation to support parents if:

• Parents evaded their parental responsibilities earlier
• Parents had alimony arrears for the child for more than 3 years

'The material situation of children cannot exempt them from the obligation of supporting parents. However, the financial capability of an adult child affects the amount of payments that the court will assign,' emphasizes Polyakova.

Determining the amount of alimony

The court determines the amount of alimony as:

• A specific amount of money for a certain period
• A percentage of the child's income

The amount of payments is also influenced by:

• The financial situation of the child
• The fact of receiving payments from other relatives
• The presence of other dependents of the child

In cases of severe illness or disability of the parents, a child with sufficient income may be obliged to pay for treatment and medical care.

Liability for evasion of payments

Evasion of payment of alimony assigned by the court has serious consequences:

According to Article 183-1 of the Administrative Code of Ukraine:

• Non-payment for six months – 120-240 hours of community service
• Repeated violation – 240-360 hours of community service

According to Article 165 of the Criminal Code of Ukraine:

• A fine from 1700 to 3400 UAH
• Community service for a period of 80 to 120 hours
• Corrective labor for up to 1 year
• Probation for up to 2 years
• Imprisonment for up to 2 years

Moreover, according to Article 1224 of the Civil Code of Ukraine, a person may be deprived of the right to inherit their parents' property for evading assistance to the testator who, due to old age, serious illness, or disability, was in a state of helplessness.

'Agree, these are quite serious consequences,' concludes Polyakova.