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Publications Child support for an adult: when and how to get it

Child support for an adult: when and how to get it

Under the Family Code, both parents (even if living separately) have an obligation to support a child up to the age of 18. Maintenance is awarded to the parent who does not live with the child and may be paid voluntarily or by court order. But it is not clear to many parents whether maintenance can be paid when the child has come of age and how to do it properly.

When an adult child can receive maintenance

 

Article 199 of the Family Code states that in addition to the general rule of providing maintenance for a child up to the age of 18, parents must also pay maintenance for an adult child studying until the age of 23. There are several conditions that must be met:

  • enrolling in post-secondary education - this can be at a higher education institution, but also at a secondary education institution (e.g. a college). The main thing is to continue studying after adulthood.
  • part-time study - according to established court practice, if a student is a part-time student, he or she is considered to have enough time to work and support himself or herself. Therefore, only full-time students are entitled to child support. If the child was a part-time student but then transferred to an in-patient course, his right to maintenance is reinstated.
  • up to the age of 23 - you do not have to start studying immediately after 18. Maintenance can be paid at any time up to the age of 23 upon enrolling in an education institution. This entitlement terminates either upon completion of education or when the child turns 23.

The parents' actual ability to support the child.

As with ordinary child support, child support for an adult student may be paid voluntarily or collected through the court and the enforcement service. For voluntary payments, the parents only need to draw up an agreement (if they haven't done so before), but it's worth looking into court enforcement in more detail.

How to claim child support for the education of an adult child in court

The recovery of maintenance for an adult student child is dealt with through civil proceedings. The judicial process is regulated by both the Family Code and the Civil and Civil Procedure Code of Ukraine, so independent recovery through the court is not an easy task for an untrained person, but first things first.

Who can go to court? Part 3 of Article 199 of the Family Code gives the right to apply to court to recover alimony:

  • to the parent living with the child - the legislator presumes that the parent living with the child participates in the maintenance of the child in any case.
  • directly to the child - despite the above presumption, the Code does not formally prohibit the student from claiming maintenance from both parents, even if they live together. But you have to prove that the father and mother do not participate in the maintenance and are in a position to do so.

It should be taken into account that student maintenance is paid directly to the child and not to the parent, as in the case of minor children. Ideally, the person for whom the recovery is being made should have a bank account in his or her own name so that he or she can receive maintenance in non-cash form. What documents will be needed Judicial proceedings for the recovery of alimony is regulated by the Civil procedural code of Ukraine and takes place in the order of the claim (or summary claim) proceedings. The minimum set of documents to apply to the court includes: passport and RNOCPP of the applicant; statement of claim compiled in accordance with the requirements of Article 175 of the CPC; document confirming the child's education (certificate from the educational institution); document confirming the parental relationship between the student and parent from whom the funds are recovered (for example, birth certificate).

If you are claiming alimony in non-cash form, you must also give the bank details for the transfer of the funds. In court proceedings, other documents may be required as evidence of the circumstances invoked by the parties to the dispute.

What to look out for when claiming maintenance

Legal proceedings for the recovery of maintenance for an adult child are relatively straightforward, but it is important to remember that for the case to be successful:

  1. The application must be in the prescribed form - failure to comply with Article 175 of the CPC will result in the rejection of the claim or the opening of proceedings and the whole process will have to be restarted.
  2. The obligation to prove the parent's ability to pay is on the applicant - this means that the person filing the claim must prove to the court that the defendant is actually able to pay the required amount. This means that the claimant must provide documented proof of the respondent's formal or informal income.
  3. It is advisable to prove the costs of education and child support - the court does not always pay attention to the financial status of the student, but having proven costs will be an additional advantage. Receipts for tuition, shopping receipts or bank statements may be considered as evidence.
  4. The amount of maintenance is determined by the court at its discretion - usually a percentage of wages (usually 25%) or a fixed amount if the defendant has no stable source of income. In determining the amount of maintenance, the defendant's ability to pay and the claimant's actual expenses will be taken into account.

In addition, a court decision does not in itself guarantee the payment of maintenance. After obtaining a judgement, if the person concerned refuses to pay maintenance voluntarily, he or she must apply to the Enforcement Authority for enforcement of the maintenance payments. We should add that enforcement proceedings are legally complex and without professional assistance, the collection of maintenance may be time-consuming (and the right to receive maintenance will be lost at 23 or on completion of education, regardless of whether the parents have paid the money).

Conclusions

The Family Code of Ukraine stipulates the duty of parents to contribute to the maintenance of an adult child up to the age of 23 if the child continues to study and the parents have the means to provide such maintenance. At the same time, child support for a student in Ukraine may be paid:

  • voluntarily;
  • forcibly, by court order.

The parent living with the child or the adult student himself may apply to the court for maintenance. Such cases are dealt with by the local courts and a number of facts need to be established in order to obtain a favourable decision, which must be proved by the applicant. Once a decision has been obtained, the applicant must also apply to the enforcement service to enforce the payment.

Given the complexities of the legal regulation of the judicial process and enforcement proceedings, without professional legal support, the processing of the claim and the recovery of funds by the court decision may take a long time, which effectively limits the student's right to receive alimony. It is important to remember that regardless of when you go to court or the enforcement service, the right to maintenance ceases when you graduate or reach the age of 23. Contacting a lawyer will help you to obtain child support more effectively and quickly in court and therefore increase the total amount of financial aid you are entitled to.

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