What is the obligation of children to support disabled parents
It is well known that parents are obliged to support their minors, as well as adult disabled children. But the legislation also establishes the opposite norm – adult able-bodied children must support disabled parents who need help.
Situations often arise when parents are already retired, and the amount of the pension is not enough for the necessary medicines, medical procedures, etc. Then the issue of helping children to their parents becomes especially relevant, namely, the recovery of alimony from children if they do not voluntarily fulfill the obligation to support their parents.
The norms of legislation governing such situations are contained in Art. 100-103 of the Code of the Republic of Belarus on marriage and family.
Conditions for the emergence of the obligation to support parents
In order for children to be responsible for the financial support of their parents, two conditions must be present simultaneously:
– the parent must be disabled (reach retirement age or be disabled);
The parent must be in need of financial assistance.
From January 1, 2022, the retirement age in Belarus is 63 for men and 58 for women.
Recognition as in need of material assistance, as a rule, is carried out by the court. The court investigates the parent’s state of health, the amount of the pension, the need to purchase medicines and their cost, the appointment of a spa treatment by a doctor, and other circumstances.
On the other hand, for the legal obligation of children to support their parents, the following conditions must be present simultaneously:
– the child must be an adult (over 18 years of age);
– The child must be able to work (not be disabled).
Exceptions to the rule on the maintenance of parents by children
The exception is cases when parents evaded the maintenance of their children, or are deprived of parental rights.
However, the fact of evasion must be proven by the court. Moreover, it must be reliably established that parental evasion of child support was culpable. If, for example, parents, for objective reasons, could not support their children (long-term illness, business trip, etc.), then the obligation of children to support them upon reaching retirement age remains.
A clear exception to the rule is the deprivation of parental rights in relation to children. In this case, under no circumstances parents have the right to demand maintenance from children.
Judicial procedure for the recovery of alimony for parents
If children do not help their parents financially on a voluntary basis, then they can be forced to fulfill their duties through the courts.
A disabled parent must apply to the court with a statement of claim. In the text of the claim, it is necessary to describe the situation, state the reasons for the difficult financial situation, and attach written evidence to the statement of claim (this may be a doctor’s prescription, a pension certificate, a pay slip on the amount of the pension, etc.).
It is important to note that under tax law, the parent is exempt from paying the state fee for filing such a claim.
Amount of child support in Belarus
When determining the amount of alimony for parents, the court takes into account the financial and family condition of the children. So, the court takes into account whether the child has his own minor children, or a disabled spouse.
The amount of alimony can be expressed as:
– in a fixed amount of money;
– in basic amounts paid monthly.
In addition, if a parent has several adult children, then this fact must be taken into account by the court. It does not matter whether the action is against only one child or against all children.
If circumstances change, the amount of child support may be changed. For example, if the parent’s ability to work is restored, or, conversely, the child is deprived of his ability to work, the amount of alimony may be reduced, or the child may be exempted from paying them.
