Can the father apply for alimony when he reaches retirement age ...

26.06.2023 06:08 • Question

Can a father apply for alimony for his child when he reaches retirement age? (Not disabled) has 5 official children.

But he himself did not pay alimony to anyone

1 Answers

Yaroslav Sikorsky

Answer provided 26.06.2023 09:12

According to Article 51 of the Constitution of Ukraine, adult children are obliged to take care of their disabled parents.

In the Family Code, the above obligation is duplicated - adult daughters and sons are obliged to support parents who are unable to work and need financial assistance.

The obligation of adult children to support their parents arises on the basis of a combination of the following conditions:

  1. the origin of the child from the mother, father (blood relationship) or the existence of other legally significant connections between them (in particular, adoption);

  2. incapacity of the mother or father (that is, they are persons who have reached retirement age, established by Article 26 of the Law of Ukraine "On Mandatory State Pension Insurance" or persons with disabilities);

  3. mother's and father's need for financial assistance.

The obligation of adult children to support their parents does not arise in the absence of at least one of the specified conditions.

So, if the above three conditions are met, your father can apply for alimony.

The answer is informational and does not replace a full legal consultation. For a detailed analysis of your situation, contact a lawyer directly.