Submit your application

A decent pension is not an obstacle to claiming alimony

The duty of children to support their parents who need help is established by law! If the children do not fulfill it voluntarily, then the parents have the right to demand alimony through the court, and such family cases are always difficult, the court practice on them is constantly changing and supplemented, and it is very difficult to understand them without consulting a lawyer on alimony.

On September 5, 2019, the Supreme Court of Ukraine considered case No. 212/1055/18, with securing legal conclusion of another change, it will be useful for both children and parents to know it!

Previously, judicial practice in such cases was based on the fact that the fact that the parent received a pension above the subsistence level was the basis for refusing the claim.

Now this rule doesn’t work!

The SCU canceled it after it figured out the case in which a citizen went to court with a claim against her adult son, demanding maintenance for herself as an incapacitated mother.

The claim was motivated by the fact that the plaintiff, a widow receiving a survivor’s pension in an amount exceeding the subsistence level, a “child of war”, needs financial assistance from her second son (one of them helps her).

Her only source of income is her pension, which she spends on medicines, since she has cancer. The son who does not help her lives separately, is able to work, and has no alimony obligations.

***** The first instance satisfied the claim, the appeal instance canceled the decision, and the Supreme Court of Ukraine supported the first instance! He “allowed” retired parents to demand child support from their children, even if their pension is higher than the minimum. The Supreme Court of Ukraine ruled that the question of whether parents need support should be resolved taking into account all, without exception, the circumstances confirming the “need” *****

Taking the side of the plaintiff, the Supreme Court of Ukraine relied on the following factors:

  1. CU and FCU stipulate the obligation of adult children to take care of their elderly parents (to support them) if they need financial assistance.
  2. The specified obligation is “included” by the presence of certain conditions – obligatory grounds: the parents’ inability to work and their need for material assistance.
  3. The amount of material aid in a fixed amount or in part from the payer’s income is determined in court, taking into account the material and marital status of the parties.
  4. The court, when establishing the amount of material support and other expenses, also takes into account other sources of alimony – children against whom there is no claim for the recovery of alimony in favor of other persons.



On “saving” confiscated housing by donating it to relatives

One of the “working” options for “saving” real estate from confiscation / foreclosure to pay off debts, the people have always considered the option of donating it to relatives through drawing up a donation agreement, the fictitiousness of which is quite difficult to dispute. Difficult, but possible! The Supreme Court of Ukraine published another legal […]

The Supreme Court to the Prosecutor’s Office is a friend and comrade! Don’t believe? Read on!

The case № 638/8636/17-c considered by the Supreme Court, 05/13/2020, was closed by a legal conclusion, according to which the inactivity of the prosecutor’s office is not evidence of moral harm, therefore, it cannot be compensated! Initially, the lawsuit was initiated by a citizen who believes that the inaction of the law enforcement system is […]

SCU on the validity of the contract after the replacement of the 1st page in it

The impossibility of establishing certain circumstances does not relieve the participants in the process from the need to prove them! This conclusion was made public by the Supreme Court of Ukraine on 25.09.19 following the results of the proceedings in case No. 397/928/16-c. The reason for the dispute was the replacement of the first page […]

Contractual obligations and installment of court decision

The Grand Chamber of the Supreme Court of Ukraine, by its legal opinion in case No. 916/190/18 of 06/04/19, answered the question, does the installment plan for the execution of the judgment terminate the contractual obligation? According to the published conclusion, the installment plan, in fact, only affects the procedure for the enforcement of the […]

Video cameras “looking” at neighbors violate their rights

There is a proverb that says that God sees everything, and neighbors –  even more! So and there is! And in some cases it happens literally. The story about neighbors who installed video cameras aimed at the neighbor’s yard ended in the Supreme Court with a legal conclusion in case No. 279/2012/17 of 03/03/2020. So, […]

Personal mortgage property of a bankrupt entrepreneur: is it subject to collection?

Cassation economic court of the Supreme Court “stood up” for the mortgage apartment of the borrower of the bank, delimiting the personal and business rights and obligations of individual entrepreneurs, as well as limiting the rights of claimants to this property. So, with the conclusion in case No. 922/4404/15, promulgated on 06/04/19, the Supreme Court […]