Maintenance duty: How long do you need to feed adult children.And when do children have to feed you<

In yesterday's article we focused on maintenance issues that are obliged to spouses and registered partners and ex -husbands and used to be registered partners, or dad mothers toddolat...A brief overview:

Between parents and children, there is a mutual maintenance obligation according to the Civil Code, if one of them is objectively unable to feed himself.This condition is naturally and automatically filled in young children and children who are still compulsory.It is more complicated in adult children, especially when you have an eternal student at home who wants to benefit from the services of mamahotel and alimony what it will give.

The offer of schools is wide, the demands they place on the student are different - despite the fact that it is possible to dwell for some time at school without actually studying;Fired you get one semester first.

No generally valid limits - not even age - regarding maintenance obligations to children are set out.Eighteenth or twenty -sixth birthday in this regard may not mean any significant divide.When your child at sixteen leaves school and nothing prevents him from starting to work, you don't have to feed him.But if you still study medicine at twenty -six, you will have to feed it, even during the holidays.

As long as the maintenance obligation lasts, children have the right to the same standard of living as the parents have.If the child's parents are divorced, the one who does not live with the child is valid for the child's second parent.Once the child has reached the age of age, the maintenance is paid directly to the child.

When the conflict comes and an adult child will claim maintenance in court - another way if you do not agree alone, there is no - the court will not judge each case individually.

Basic notes to general courts give the Constitutional Court.According to his 2014 finding, the adult child has to make adequate efforts to make a living by himself - if the unconditional circumstances that (completely or partially) defend him.

When the adult child prepares for a future profession and cannot feed on it, it must be supported by parents.According to the Constitutional Court, however, this is true only if the school has a child currently studying, the appropriate quality and increases its chances of employment in the labor market.Moreover.Otherwise the parent does not have to feed him.The same applies when a child of fields without reasonable connection alternates as socks.

The court will also assess whether the study (perhaps several schools) excludes from a time point of view to earn a child and at least partially earned.

However, the court must take into account other specifics of the situation - the student has other extra earnings in Prague, others in Ostrava or a smaller town.The court's decision can also affect how much adult child helps parents, for example in the household.

The reason to pay a child is usually not when studying remotely and can thus work to work.

The situation is different in a sick child.For example, if he receives a disability pension that is not enough to live for his life and can not earn money because of the chrouan health, his parents' maintenance duty may also take a lifelong.However, in determining the amount of maintenance, the court will take into account the child's income and other circumstances, including your possibilities.

Parents' maintenance obligation to children is flexible, which means that over time can disappear and renew itself.For example, when an adult working child becomes ill and ceases to be able to make a living.Or, on the contrary, enters into marriage - then the obligation to ensure its nutrition is primarily a husband or wife.

When does the child have to feed their parents

When the parent of an adult child who already earns, in his life he gets into a situation where he is unable to make a living himself, the card turns: the child's maintenance duty to the parent comes.However, this duty to children only affects when their parents or husband cannot contribute to each other, or when parents are unable to take care of each other.Mutual maintenance obligation between spouses always precedes the maintenance obligations of children to parents and does not have to end even after the divorce:

When parents cannot feed a husband or wife, children come.According to the Civil Code, they are obliged to provide parents with decent nutrition.This is not only understood by diet and housing, but also decent clothing and satisfaction of cultural and social needs.

When there are more in the family of children, there is a maintenance obligation to parents on each of them, but not equally, but in a ratio that corresponds to their capabilities, abilities and financial situation.When siblings do not agree, the court of maintenance shall determine each amount of maintenance obligation.

In any case, the court will take into account if your parent has sufficiently tried to find a job and make a living alone, whether he can get the revenue of managing his own property and whether his financial distress does not stem from pure prodigy or laziness.

If a parent who did not care for them himself, when they were dependent, abused or even abused, the court would not comply with.Nourishing cannot be admitted if it is contrary to good morals.

In exceptional and justified cases where children do not take care of or take care of the maintenance obligation towards grandparents to grandchildren.In this case, however, compulsory assistance does not include the coverage of all needs, but only compulsory nutrition - that is to ensure the basic food.

What applies to all equally

Nutrition is paid in regular doses and is always payable for a month in advance, unless the court has decided otherwise or both sides will not agree otherwise.It does not have to be paid necessarily in money, it can also be provided naturally: for example, by a parent or child to provide you with housing, food, household care, personal care in the case of illness and the like.

A person who is supposed to pay but does not apply to the crime of neglecting nutrition - if it does not fulfill the legal obligation (perhaps only by negligence) for more than four months, it is threatened with up to one year imprisonment.If the statutory obligations are intentionally avoiding for more than four months, it can get up to two years of jail.You can submit a criminal complaint against maintenance payers in writing or orally to the protocol at any department of the Police of the Czech Republic.

Where to request maintenance to request

If you do not agree on the payment of maintenance yourself, the court decides on its grant - in the first instance the court of the district, locally competent according to the defendant's residence (ie the person from whom you claim).When it comes to maintenance for a minor child, the local court is locally competent by the child's residence.

Be with a proposal to initiate proceedings to help from a lawyer.

The proposal must be shown to which court is determined, who submits the proposal, which matters concerns and what it monitors and must be signed and dated.It must also contain the name, surname, residence of the participants, or the birth numbers of the participants, or their representatives, the portrayal of decisive facts, the designation of evidence (which in writing or electronic form), and it must be clear what the petitioner claims.

In addition to the general requirements, the proposal should include data on personal, family and property conditions of the parties involved.At the same time it is necessary to clearly indicate the amount you ask for from the second.

The court first asks the counterparty, then orders the oral hearing.Either you agree or start the process of evidence - which can stretch according to the complexity of the dispute.The court will eventually decide.