The rights and obligations of family members in terms of maintenance

Rights and obligations of other family members and relatives for maintenance

When raising children, it is necessary to properly ensure their material and cultural needs. The legislator equally assigns responsibilities for the maintenance of children to both parents. If parents, for some reason, cannot raise their children themselves, they are obliged to provide funds for their maintenance.

At the same time, due to circumstances of both an objective and a subjective nature, parents, children, spouses, on whom the legislator primarily imposes the obligation to support their disabled relatives, do not always have the opportunity to provide assistance.

Family legislation provides for obligations for mutual material assistance and other family members and relatives – grandchildren, great-grandchildren, grandfather, grandmother, brothers and sisters, stepfather and stepmother, stepson and stepdaughter, actual educators and pupils.

The need to impose on such relatives the obligation to provide alimony for disabled persons is due to the fact that today the state, unfortunately, cannot assume the responsibility to support such persons.

Family lawyer

Our lawyers are often asked the question: What is the duty of parents to support the child? What are the rights and obligations of parents and children? What is the duty of a mother, a father to support a child?

On our website advokat-zaporozhye.com you will find all the answers to your questions in the field of family law in Ukraine.

Property relations between other family members and relatives

In general, property relations arising between other family members and relatives are mainly regulated by the norms of civil legislation and are not included in the subject of regulation by the norms that are enshrined in the Family Code of Ukraine.

The exception is just property family relations arising from the content.

Family law, unlike civil law, does not allow the establishment of rights and obligations by agreement of the parties, since they are provided for by law.

However, the procedure for exercising rights and fulfilling obligations may be determined by the parties by their agreement.

Three queues of obliged subjects of alimony legal relations

Chapter 22 of the Family Code of Ukraine is devoted to the regulation of the maintenance obligations of other family members and relatives. The IC of Ukraine establishes three lines of obligated subjects of alimony legal relations:

  • spouses, parents and children;
  • grandfather, great-grandfather, grandmother, great-grandmother, grandchildren, great-grandchildren, brothers, sisters;
  • stepfather, stepmother, stepdaughter, stepson, actual educator and foster child.

The main thing that should be emphasized in these queues is the subsidiary nature of the alimony obligations of other family members and relatives.

The persons of the second stage of the alimony obligation are imposed in the absence of persons of the first stage, or if, for valid reasons, they cannot provide adequate maintenance.

The third priority, accordingly, has such an obligation in the absence of the first two, if they also cannot provide such content for valid reasons.

However, there are exceptions to this rule: the alimony debt of the actual pet educator and adults for the maintenance of adult disabled brothers and sisters.

Are there any differences between the legal regulation of the second and third groups?

The legislation determines, for example, that when establishing the alimony debt for brothers and sisters, the presence of a spouse of a minor is taken into account.

When establishing such a debt with the actual educator, stepfather and stepmother in relation to the child, he is not associated with the absence of a husband or wife for a minor.

The duty of a stepson, a stepdaughter to support a stepfather, a stepmother arises in the absence of a husband, wife, adult children, brothers and sisters, but for some reason, among the alimentos-bound persons, the parents who belong to the subjects of the first stage are not indicated.

Obligation of Minor Children to Maintain Their Parents

Interestingly, the responsibility for maintenance may not only rely on adult children.

The legislation states that in exceptional cases, if the mother, father is seriously ill, disabled, and the child (minor) has sufficient income (earnings), the court may decide to recover from him a lump sum or within a certain period of funds to cover the costs with treatment and care.

Sometimes it turns out that a minor child, working, receiving a scholarship, having a certain property, is better off than her parents.

Of course, there are few such cases, but practice also encounters such situations, which led to the consolidation of such a debt in the UK of Ukraine.

Family lawyer’s consultation on the rights and responsibilities of family members for maintenance

If you do not know what is the best way to solve the case with the rights and obligations of family members in terms of maintenance, then you should contact lawyers who specialize in matters in the field of family law.

A family lawyer will help you quickly and efficiently solve a case about the rights and obligations of family members for maintenance in your favor!

How a family lawyer can help:

  • choose the right tactics for solving your question;
  • quickly collect the necessary package of documents;
  • accompany you in court or resolve a case without your presence;
  • achieve the desired result in a short time.
Do not waste your time and energy on an independent solution of the issue of the rights and obligations of family members in terms of maintenance! A good lawyer will help you find the best way out of your situation!

In order to get advice from our family lawyer, you just need to call or write to us in any messenger (Viber, WhatSapp, Telegram).

Do not hesitate with the question about the rights and obligations of family members for the maintenance, call our lawyers in the field of family law.

Frequently asked questions to a lawyer

Who should take care of children if parents are absent?
When does the duty of a stepson or stepdaughter arise to support a stepfather or stepmother?
Do you need a client's personal presence in court?
Where is your office located and how do you work?

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АДВОКАТ
The rights and obligations of family members in terms of maintenance
About a lawyer Aleksey Nikolayevich Scriabin
✅ About a lawyer Skriabin A.N.
Who should take care of children if parents are absent?
Responsibilities for the maintenance of children in the absence of parents will be borne by persons who belong to the second order of obliged subjects of alimony legal relations - grandfather, great-grandfather, woman, great-grandmother.
When does the duty of a stepson or stepdaughter arise to support a stepfather or stepmother?
This obligation arises in the absence of a husband, wife, adult children, brothers and sisters.
Do you need a client's personal presence in court?
No. We value our clients' time and accompany turnkey litigations without their participation. As a result, you receive a court decision that has come into legal force.
Where is your office located and how do you work?
We provide legal services remotely, online and in person at the address: 69000 Zaporozhye, 91 Cathedral Avenue, office cab. 12 (Landmark: stop "Small market", cinema "Zvezda") Working hours: Mon 08-00 to 20-00, Sat. 11-00 to 15-00. Pre-appointment for a consultation:
+38 (066) 777 37 33
+38 (097) 403 73 05
(Viber, WhatsApp, Telegram)