Child Support for an Adult Child: When It Is Paid and How to Receive It

According to the Family Code of Ukraine, both parents (even if they live apart) are obliged to support a child until the age of 18. At the same time, maintenance is provided by the parent who does not live with the child and can be paid voluntarily or through a court order. However, many parents are unclear whether maintenance can be received when a child reaches adulthood and how to do so correctly.

When Can an Adult Child Receive Maintenance?

Article 199 of the Family Code stipulates that, in addition to the general rule of providing for a child until the age of 18, parents must also pay maintenance for an adult child who is studying at a higher education institution until the age of twenty-three. Several conditions must be met for this:

• Admission to post-school education: This can be either a higher education institution or a secondary educational institution (such as a college). The main thing is to continue education after reaching adulthood.
• Full-time (stational) form of study: According to established judicial practice, if a student studies part-time (correspondence course), it is considered that they have enough time to work and provide for themselves independently. Therefore, maintenance is received only by students studying full-time. If a child studied part-time but later transferred to full-time study, their right to maintenance is restored.
• Under the age of 23: It is not necessary to start studying immediately after turning 18; maintenance can be obtained at any time up to the age of 23 upon admission to an educational institution. This right terminates either upon completion of studies or upon reaching the age of 23.
• The parents' actual financial ability to support the child.

As with regular maintenance, maintenance for an adult student can be paid voluntarily or recovered through a court and the Executive Service. For voluntary payment, it is sufficient for the parents to draw up an appropriate agreement (if one did not exist before), but recovery through court order deserves a more detailed look.

How to Recover Maintenance for the Education of an Adult Child in Court

The recovery of maintenance for an adult student is considered under civil proceedings. The judicial process is regulated by the Family, Civil, and Civil Procedure Codes of Ukraine, so independent recovery through court for an unprepared person is no easy task, but let us take it step by step.

Who Can Apply to Court?

Part 3 of Article 199 of the Family Code grants the right to apply to court for maintenance recovery to:

• The parent with whom the child lives: The legislator establishes a presumption that the parent living with the child participates in their support in any case.
• The child directly: Despite the presumption mentioned above, the Code formally does not prohibit a student from recovering maintenance from both parents, even if they live with them. However, it must be proven here that both the father and mother do not participate in support and have the financial ability to do so.

At the same time, it should be noted that maintenance for a student is paid directly to the child, rather than to a parent as in the case of underage children. Ideally, the person in whose interests the recovery is carried out should have a bank account in their name to receive maintenance via bank transfer.

What Documents Are Needed?

Judicial proceedings for maintenance recovery are regulated by the Civil Procedure Code of Ukraine and take place in the procedure of contentious (or simplified contentious) proceedings. The minimum package of documents to apply to court includes: the passport and RNOKPP (tax ID) of the applicant; a statement of claim drawn up in accordance with the requirements of Article 175 of the Civil Procedure Code; a document confirming the child's studies (a certificate from the educational institution); and a document confirming the parent-child relationship between the student and the parent from whom funds are being recovered (e.g., a birth certificate).

If you demand maintenance payment via bank transfer, you must also provide bank details for the transfer of funds or contact a family lawyer in Kyiv. During the trial, other documents may be required as evidence of various circumstances invoked by the parties to the dispute.

What to Pay Attention to When Recovering Maintenance

Judicial proceedings for recovering maintenance for an adult child are relatively straightforward, but for a successful resolution, it is important to remember that:

• The application must comply with the established form: Failure to comply with the requirements of Article 175 of the Civil Procedure Code will lead to a refusal to accept the claim or open proceedings, and the whole process will have to start over.
• The burden of proving the parents' solvency lies with the applicant: This means that the person who filed the claim must prove to the court that the defendant is genuinely able to pay the required amount. That is, the defendant's official or unofficial income must be documented.
• It is advisable to confirm the costs of the child's education and maintenance: The court does not always focus solely on the student's financial standing, but proven expenses will serve as an additional advantage. Receipts for tuition fees, purchase receipts, or bank statements can be considered as evidence.
• The amount of maintenance is determined by the court at its discretion: As a rule, this is a percentage of the salary (usually 25%) or a fixed amount if the defendant does not have a stable source of income. The defendant's solvency and the applicant's actual expenses will be taken into account when determining the amount of maintenance.

Furthermore, issuing a court decision does not in itself guarantee the payment of maintenance. After obtaining a decision, in the event of a refusal of voluntary payment, the interested party must apply to the Executive Service for compulsory enforcement. We note that enforcement proceedings are legally complex, and without professional assistance, maintenance recovery can stretch out over time (and the right to receive maintenance will be lost at age 23 or upon completion of studies, regardless of whether money was paid by the parents).

Conclusions

The Family Code of Ukraine provides for the parents' obligation to participate in supporting an adult child up to the age of 23 if they continue studying and the parents have the actual ability to provide such support. At the same time, maintenance for a student in Ukraine can be paid:

• voluntarily;
• compulsorily, through a court order.

The parent living with the child or the adult student directly can apply to court to recover maintenance. Such cases are considered by local courts in claim proceedings, and issuing a positive decision requires establishing a set of facts, the burden of proof for which rests precisely on the applicant. After receiving a decision, the applicant also needs to apply to the executive service to compulsorily recover the payment.

Given the complexities of legislative regulation, court proceedings, and enforcement, without professional legal support, examining the claim and recovering funds based on a court decision can drag on for a long time, effectively restricting the student's right to receive maintenance. It is important to remember that regardless of when you applied to court or the executive service, the right to support terminates upon completion of studies or reaching the age of 23. Consulting a lawyer in Kyiv will help you obtain maintenance through the court more efficiently and quickly, thereby increasing the total amount of recovered financial assistance.

Frequently Asked Questions

Up to what age is maintenance paid for a child who is studying?

Maintenance for a child continuing their education is paid until the age of 23. This is stipulated by Article 199 of the Family Code of Ukraine, provided that the child studies full-time and the parents have the actual ability to support them.

Can maintenance be received after the age of 18?

Yes. If an adult child studies full-time at a university or college, they have the right to maintenance up to the age of 23. The right is retained even if studies did not start immediately after school — the main thing is to enrol before turning 23.

Who has the right to file for maintenance for an adult student?

The parent living with the child or the adult student themselves can apply to court. In the latter case, it must be proven that both parents do not participate in support and have the financial ability to do so.

Is maintenance paid if a student studies part-time?

No. According to judicial practice, maintenance is awarded only to full-time students — it is considered that a part-time student has time to work and support themselves. If a student transfers from part-time to full-time study, the right to maintenance is restored.

What is the amount of maintenance for an adult child?

The amount is determined by the court: usually 25% of the payer's earnings or a fixed amount if the defendant has no stable income. The defendant's solvency and the actual costs of the student's education and maintenance are taken into account.

To whom is maintenance paid — to the parents or the child?

Funds are paid directly to the student, rather than to one of the parents (unlike maintenance for underage children). It is advisable for the recipient to have their own bank account for bank transfers.

What documents are needed to recover maintenance for a student?

Minimum package: the applicant's passport and RNOKPP, a statement of claim under Article 175 of the Civil Procedure Code, a certificate from the educational institution, a birth certificate (proof of family ties), and bank details. Proof of the defendant's income and educational expenses will be needed additionally.

Is maintenance awarded to an adult child automatically?

No. Maintenance for a student is not awarded automatically — it is arranged via a voluntary agreement between the parties or recovered through court in a claim proceeding.

What should I do if a parent does not pay maintenance according to a court decision?

You need to apply to the Executive Service for compulsory enforcement. Do not delay: the right to maintenance terminates upon completion of studies or reaching the age of 23 — regardless of whether funds were actually paid.