Maintenance for parents

Maintenance for parents, just like child maintenance, is regulated and paid in accordance with Ukrainian law. Maintenance is necessary to ensure parents can maintain a decent standard of living. In accordance with Article 202 of the Family Code of Ukraine, adult children are obliged to care for their parents who are unable to work and to provide them with financial support.

In which cases do children pay maintenance to their parents

Adult children pay maintenance to their parents when:

• The parents are pensioners with a very small pension that is woefully insufficient;
• The parents are disabled (categories 1, 2 or 3);

Minor children may also pay maintenance to their parents, but only in exceptional cases. Each specific case is considered individually, and the court’s decision will depend on a variety of factors.

Methods of paying maintenance to parents

The first method of paying maintenance to parents by adult children is voluntary. It involves an amicable agreement between parents and their children regarding support, including financial assistance. A voluntary agreement between family members may be verbal or may be set out in writing.

The second method is for parents to claim maintenance from adult children through the courts. However, if the parents have failed to fulfil their parental duties and have had their parental rights revoked, the court will exempt the children from paying maintenance to their parents. In exceptional cases, the court may order children to pay maintenance to their incapacitated parents for a period of three years. A family lawyer will provide full support throughout the divorce proceedings and the maintenance payment process.

The amount of maintenance is determined by the court depending on the family and financial circumstances of both parties. The court may order maintenance to be paid as a fixed sum, or as a percentage of the children’s wages or income.

Evasion of maintenance payments to parents

In accordance with Article 165 of the Criminal Code of Ukraine, evasion of maintenance payments to one’s incapacitated parents is punishable by up to one year of corrective labour, as well as a fine of between one hundred and one hundred and fifty non-taxable minimum incomes, or restriction of liberty for up to two years.

If a person who has previously been convicted under this article refuses to pay maintenance to their parents, the court shall sentence them to up to two years’ community service, or two to three years’ restriction of liberty.