Refusal to support biological parents

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Riabchuk Oksana

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Refusal to support biological parents

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The Constitution of Ukraine and the Family Code provide that adult children are obliged to support their incapacitated parents if the latter need material support, as well as constant care for themselves.

However, each citizen has a different relationship with his biological parents, which is difficult to call ideal, and therefore the question often arises among young people – how can you refuse to support your parents and whether it can be done at all under the current Ukrainian legislation.

This is why there is an urgent need to consider this topic.

Therefore, in this article, we will talk about the circumstances under which a person can refuse to support biological parents.

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How do adult children fulfill their obligation to support their parents?

As a general rule, there are only 2 ways in which children can fulfill their responsibilities to support their parents, namely:

  • Voluntary order – adult children are clearly aware and understand that the legislation of Ukraine enshrines in them the obligation to support their parents who are unable to work and need constant help, including financial, and therefore fulfill these obligations on a voluntary basis. If they wish, they can also establish this obligation in a contractual form by establishing the payment of alimony to the parents;
  • Judicial procedure – is used in the case when children deliberately do not want to fulfill their duty to support their biological parents, and as a result, the latter applies to the judicial authorities with a statement to collect alimony.

How can you refuse to support your parents?

The SCU specifies the cases in which individuals may be exempted from the obligation to support their biological parents, namely:

  • if the parents did not properly fulfill their parental duties towards the children (upbringing, caring, providing an opportunity to get an education, etc.);
  • if the parents did not pay alimony for the maintenance of a minor child, as a result of which a debt was formed that exceeds the amount of the corresponding payments for 3 years and it has not been repaid

In addition, it is worth noting that in the case when parents applied to the judicial authorities with a claim to collect alimony from their adult children, the court must check the following facts, namely:

  • the inability of parents to perform labor functions, which leads to the loss of work capacity;
  • the need to receive financial assistance;
  • evasion of parents from fulfilling their parental duties or non-payment of alimony for the support of a minor child.

Thus, in the presence of a combination of all these circumstances, a person may be released from the obligation to support his parents.

Importantly! If the parents do not have any funds for their physical existence or they have a serious illness that makes it impossible for them to earn these funds, then in such an exceptional case, the court can make a decision to assign alimony to the parents, but for no more than 3 years or up to complete healing of the person.

Refusal to support biological parents - gry 4843

If you want to refuse to support your parents, contact professional lawyers from the “Prikhodko and Partners” law firm.

Our team will help solve your question in practice because we perfectly understand the norms and nuances of family law. Get in touch!

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