A resident of Kharkiv had no opportunity to provide her daughter with education independently and the girl's father did not support her financially. Lawyers of Dvorichna Office of the Legal Development Network helped the woman defend the girl's right to child support from the father after the age of majority in court.
A single mother Olena Zhytnia* addressed Dvorichna Office of the Legal Development Network. The woman has a daughter who receives education in a higher educational institution in Kharkiv. Olena told that till adulthood her ex-husband regularly paid the alimony on the maintenance of the child. However, after her daughter turned 18, he essentially withdrew from financial support. The mother alone is not able to pay the girl’s learning at the University.
Olena Zhytnia was trying to negotiate with her ex-husband that he financially supported his daughter. However, it appeared useless.
Then the woman asked for help in the Office at the Dvorichna District Rural Communities Foundation. According to the Office lawyer Vitalii Babyka, the procedure for recovery of maintenance for the adult child is somewhat different from that for juveniles.
The lawyer immediately checked out whether the father is able to pay alimony to his daughter. He found out that Olena’s husband officially works.
“Parents must be working and have an income that will allow them to support themselves and their adult child. Circumstances that may interfere are a difficult financial situation, age, disability, etc.,” explained the lawyer.
After this, he collected all the necessary documents and prepared the claim in court.
According to Vitalii Babyka, the court appoints payments, if the child's education is his or her main occupation:
“If, for example, a child learns by correspondence and has the ability to work and earn a living, the court may deny such a claim”.
The 18-year-old girl is studying full-time education, is not working anywhere. So, she had all the chances to win this case.
In court, the girl's father acknowledged the claim and agreed to pay her a monthly 1/6 share of all kinds of his income.
*The name is changed for ethical reasons.
The opinion of the International Renaissance Foundation cannot coincide with the point of view of authors of publication.
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