Baby help for grownup son / daughter in Ukraine

As in most European countries, Ukrainian parents are required to support their children up to the legal age of their majority. In principle, all minors (persons up to 18 years of age) are entitled to maintenance (maintenance).

At the same time, adults (people over the age of 18) who are continuing their education can also claim maintenance from their parents in Ukraine. This right can be exercised up to the age of 23. In contrast to the maintenance of minors, which is essential for parents, maintenance of adults who continue their education can only become mandatory for their parents if they have a decent income.

Adult maintenance payments can be voluntary or mandatory:

  • voluntary procedure – based on the notarized agreement;
  • mandatory procedure – based on the court decision.

For example, the parent with whom the adult child lives or the adult child himself or herself can submit an application to the court for alimony during their studies according to the mandatory procedure.

The court determines the amount of maintenance as a fixed amount or as part of the payer’s income (the claimant chooses the method of recovery at his own discretion). As a rule, a fixed amount of maintenance is determined when the payer’s income is unstable. If the payer has a steady income, the alimony is determined in proportion to his income. This rule applies similarly to the maintenance of minors and adults in the context of compulsory (judicial) proceedings.

The age of 23 years is the maximum age for maintenance rest based on further training. However, under certain circumstances (e.g. expulsion from university) an adult may lose the right to upfront maintenance. In this case, parents may only continue to support their adult daughter / son on a voluntary basis.

Students have the right to receive financial support from their parents regardless of the form of education (part-time or full-time) and regardless of the ability of these adults to support themselves while studying. In determining the livelihood of the student, the court takes into account all sources of income, both parents’ obligation to provide adequate financial support, and their ability to provide it. The burden of proof for the maintenance needs in connection with the training lies with the plaintiff.

According to Ukrainian law and legal practice, the parents’ obligation to support their children who continue their education after they have reached the age of 18 (regardless of the form of education) results from the combination of the following legal facts:

1) the age of the children is between 18 and 23 years;

2) the adult children continue their education;

3) the adult’s need for education-related subsistence;

4) the parents’ financial ability to provide such support (parents must be able to work and have the income to support themselves and their adult children during education).

Regardless of this, it should be noted that the court decision on the maintenance payment for minors may not be automatically extended if the minor reaches the age of 18 and continues his education. In such a situation, an adult child (or one of the parents) can submit a new application to the court for alimony based on the fact of continuing education.

Therefore, the Ukrainian family legislation is rather liberal when it comes to financial support for children. In Ukraine, adults between the ages of 18 and 23 who are continuing their education can apply to their parents for financial assistance. This possibility has a positive effect on the quality of Ukrainian higher education, as the student may be deeply involved in the educational process while on maintenance rather than worrying about his or her financial situation. The best way to deal with the issue of maintenance is of course to conclude a notarized agreement on mutually beneficial terms. However, if no agreement can be reached, the maintenance rights of the adult child can be protected in court. Legal practice confirms that the courts generally make a decision in favor of the plaintiff (maintenance recipient) if the suit is properly prepared.

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