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There are matters that evoke a lot of emotions. Among these are maintenance obligations for parents. Much is heard about providing such support to children, but rarely is the reverse situation discussed, where a child is obliged, in a certain sense, to support their relatives. Parents do have the option to seek what is known as maintenance from their children. Today, we explain how to obtain it, how much it amounts to, and whether MOPS can claim maintenance for a parent. You will find the answers in the following entry!
Maintenance from children can be somewhat controversial. This is because parents usually decide to seek such support in a crisis situation when they are not receiving assistance from their offspring for some reason. This may be due to their difficult situation, lack of a close relationship, or many other challenges. If a parent wishes to receive financial assistance from their child, besides filing a so-called maintenance lawsuit in Court, they must prove that there are circumstances that prevent them from maintaining themselves independently. Maintenance for a parent may thus be granted in cases of certain deprivation or financial hardship. It is important to know that individual needs, expenses for medication, food, or bills are assessed in such cases. A difficult situation is a key condition in such matters, as is the inability of the parent to seek employment, for example, due to age or illness.
Regarding the payment of maintenance by children, the financial situation of the person who is to be obligated to pay the support is also very important. The child should have an income level that allows them to provide financial support to their parents. Maintenance for a parent cannot be granted if the parent is still married. In such a situation, the first person obligated to pay support is not the child, but the spouse.
Every child may be obligated to pay maintenance for their parents. When is it not required to pay such obligations? This is one of the most frequently asked questions. When a relative decides to go to Court to receive assistance, the parent-child relationship is usually complicated, often negative. In such cases, a family lawyer is often needed to provide solutions and guide through the steps of action. At our law firm, Haber i Haber, we participate in such cases on both sides of the dispute.
When is it not required to pay maintenance for parents? It must be emphasized that each case of this type can be different and should always be considered individually. There are situations where a child can be exempted from the obligation to pay maintenance. This occurs, for example, when they demonstrate that they cannot make the payments without affecting their own and their family's maintenance.
Maintenance for parents may also not be granted when the parent has the means to support themselves. It also happens that a child can be exempted from paying support if, for example, the parent did not care for the child, abandoned them, did not cover maintenance costs, or committed a crime against the child. It is worth emphasizing that such situations should be resolved through the court. In the case of an imposed maintenance obligation, non-payment will be considered non-maintenance, which constitutes a crime and carries legal consequences.
The number of lawsuits for granting maintenance for parents is increasing year by year. The question of whether MOPS can claim maintenance for a parent is becoming more frequent. Indeed, there is such a possibility. The Municipal Social Welfare Center has the right to initiate proceedings on behalf of a parent. This does not equate to imposing a maintenance obligation on the child. It is worth noting that statistics show that applications for maintenance for parents are most often filed by those who in the past abandoned the child or did not care for them properly, lost contact with the relative, and the lawsuit turns out to be the only solution to obtain assistance.
Importantly, MOPS usually takes action when the parent regularly approaches the center for support. The lawsuit can be filed by the director.
As mentioned, maintenance for a parent is granted when the parent is unable to meet their needs, and the inability is not due to their fault. This means that if a parent had the conditions to work or otherwise acquire means for maintenance but decides not to do so, they cannot demand any maintenance from their children. After filing a lawsuit, the Court thoroughly analyzes the entire case. It considers the parent's situation, including their age or health condition. Education and earning potential are also significant.
It is worth emphasizing that the analysis also considers the parents' assets, such as owned properties that can generate income, for example, renting out an unoccupied apartment. There may also be situations where the Court decides that the parent lives in a dwelling too large for their needs. They should potentially sell it and move to a smaller one, using the proceeds to meet their own needs.
A very important question in the case of awarded maintenance is how much maintenance for a parent amounts to. However, a straightforward answer cannot be provided, as there is no set amount or range established and applied in such situations. The value of the support is determined by the Court.
A parent living in deprivation and wishing to seek maintenance must file an appropriate lawsuit. Based on it, they demand that their child pay a specified amount as maintenance. The lawsuit can be filed in the court of the parent's or child's residence. If you, as a parent, wish to create such a document, you must know that it should include your details as well as those of the defendant child. It is necessary to specify the amount to be paid as maintenance for the parents. The amount should cover the needs of the individual. It is beneficial to include in the lawsuit a description of the child's financial situation, their education, and occupation. As a parent, you must also present your own income statement and, if possible, evidence to confirm the costs you incur.
Our law firm can assist you in creating such a document. The accuracy of presenting all data increases the likelihood of success and a favorable consideration of the lawsuit. As a law firm, we also support the other side in maintenance cases for a parent, especially when it is necessary to consider other variables in the situation, such as child abandonment, non-payment for their maintenance, or committing a crime, etc. All of this may need to be addressed during the maintenance hearing to avoid unjust awarding of maintenance.
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