Lawyer
Family law specialist. Deals with issues of divorce, alimony, division of property and adoption.
Case: Alimony for an adult son who continues his studies
Client’s Situation
Our Client reached out to us; she was raising and supporting her son on her own. When the boy turned 18 years old, he did not go to work but enrolled in a university for full-time studies — ahead of him are several years of education, along with significant expenses: housing, food, educational materials, and transportation.
The problem was that the child’s father, who had been paying alimony according to a previously adopted court decision until the son reached adulthood, stopped any financial assistance immediately after the son’s 18th birthday.
He proceeded from a common but false belief: “the child is 18 — I don’t owe anything anymore.” The entire financial responsibility for the student son fell on the mother’s shoulders alone, although by law this duty must be shared by both parents.
Why the Father Was Wrong
Many people truly believe that the duty to support a child automatically disappears upon reaching adulthood. This is not the case.
Article 199 of the Family Code of Ukraine explicitly provides: if adult sons or daughters continue their education and, in this regard, require financial assistance, parents are obliged to support them until they reach the age of 23 — provided that the parents have the means to do so. The parent with whom the child resides, or the child themselves, has the right to appeal to the court.
At the same time, the law requires the simultaneous fulfillment of several conditions: the child is over 18 but under 23 years old; they continue their studies; they need financial support; and the other parent has the ability to provide such assistance.
What We Did
We prepared and filed a lawsuit for the collection of alimony for the support of an adult son who is continuing his education. The key in such cases is to properly build the evidence base, and that is exactly what we focused on: we confirmed the fact of the son’s studies, the form and duration of education, as well as the fact that the father took no part in his support and provided no funds after the son reached adulthood.
The case was considered under simplified lawsuit proceedings. The father did not appear in court, did not file a response to the lawsuit, and provided no evidence of providing support to the son — and the law places the burden of proving objections specifically on him.
Result
The court fully satisfied our lawsuit and collected alimony from the father in the amount of 1/4 of all his income monthly — from the date of filing the lawsuit until the son completes his education, but no longer than until he reaches 23 years of age. The decision regarding the payment for one month was admitted for immediate execution, and the court fee was charged to the father.
The rights of our Client and her son have been protected in full.
Key Takeaways
A child reaching adulthood does not release parents from the duty to support them while they are studying. If your student child is left without support from one of the parents — the law is on your side, and the lawyer’s task is to competently prove this in court.
Are you in a similar situation? Write to us — we will analyze your case and suggest a course of action.