Few people realise that just as parents have a duty to provide for their children, there is an opposite duty – children must provide a decent living for their parents if they cannot provide for themselves. How does this obligation work in practice and who is affected?
The maintenance obligation of children towards their parents arises when two main conditions are met. The first is that the child is capable of supporting himself/herself, i.e. has reached the age of majority, has completed his/her education and is able to earn an income to cover his/her own needs. The second condition is that the parents are in a situation where they are unable to provide for their own basic needs. Typically, these are cases where the parents do not have sufficient pension income, have lost their jobs, suffer from serious health problems or other adverse circumstances.
The maintenance of children falls within the rights and obligations towards the parents. However, it is of a supportive nature. This means that it only comes into play in situations where another relative or partner (e.g. a spouse) cannot help the parents. If, for example, the spouses live together and one of them is financially secure, the obligation to care for the other primarily lies with him or her. Only if this support is not possible or not sufficient can the parents claim maintenance from the children.
Importantly, the maintenance obligation must be reasonable. Children are not obliged to provide their parents with an above-standard standard of living, but only “decent maintenance”, which includes basic needs such as food, housing or medicine, not holidays or luxuries.
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The maintenance obligation towards parents applies to all their children who are capable of supporting themselves. It is irrelevant whether they are biological or adopted children. The obligation therefore applies to all offspring without distinction, but the extent and form of the obligation may vary depending on the means, abilities and capacities of each child.
If parents have more than one child, the maintenance obligation is divided between them. However, it is not necessarily an equal division, but a proportionate share for each of the children in relation to their financial and living situation. For example, a child with a high income and stable circumstances may contribute a larger amount than a sibling who has a lower income or his/her own obligations (for example, child support for his/her children).
The division of the obligation between the siblings is usually agreed by the family. In addition to financial support, children may also meet the maintenance obligation in other ways, such as by caring for their parents, providing for the household or directly paying for necessary services such as housing or health care.
As indicated above, the basic rule is that each child contributes according to his or her ability, capacity and means. At the same time, the reasonable needs of the parent are taken into account. This means that maintenance is not fixed, but is always determined individually, taking into account the specific situation of each family member.
When assessing the ability of the children to provide for their parents, not only their income is assessed, but also their overall living conditions and the obligations they have (mortgage, maintenance obligations towards their own children).
On the parent’s side, it is assessed whether their needs correspond to a normal standard of decent maintenance. Decent nutrition includes basic needs such as food, housing, medicine or health care. Conversely, needs beyond the basic standard (such as expensive travel) may not be included in child support.
The court also considers the issue of good morals in making its decision. A parent who has a history of neglect or immorality towards his or her children may not be entitled to child support. These rules protect children from abuse of the institution of maintenance.
Tip: We have answered a number of other questions about alimony in detail in our article Alimony and the most common questions about alimony
If the children refuse to provide their parents with the necessary maintenance voluntarily, the parents have the option of going to court. In such a case, the court looks at several key aspects to decide whether the parents are entitled to child support and, if so, what the amount should be.
One of the main criteria is the parent’s ability to provide for their own support. The court looks at whether the parent does not really have sufficient income, for example from a pension or other sources, and whether it is not possible to claim maintenance from other persons, such as a spouse or civil partner. The parents must prove their income, assets and other relevant facts to the court.
On the part of the children, the court also assesses their financial situation, abilities and possibilities. If the court awards maintenance, the children can meet it not only financially, but also by means of assistance in kind, for example by caring for their parents or providing housing. It all depends on the individual decision of the court.
In our law practice, we learned rather vicariously about the story of Mr Jaroslav, who had been taking care of his family all his life and working in a demanding job. After retirement, however, his situation became difficult. Due to poor health and a low retirement pension, he could no longer afford to cover his basic needs such as rent, medicine and food. He himself lived modestly, but his savings gradually ran out.
Mr Jaroslav had two children, a son and a daughter. The son was a successful businessman with a high income, while the daughter worked as a teacher and raised two young children on her own. We advised Mr. Jaroslav that he should turn to his children with his financial difficulties. In the end, it really turned out that caring for their father was not a major problem for the offspring, they just were not fully aware of his situation. The son offered to contribute financially on a regular basis, and the daughter decided to provide for her father’s care, including shopping and household help. Both of them thus fulfilled the maintenance obligation to the best of their abilities.
If the children disagreed on the support or refused to provide it, Mr Jaroslav could go to court. In practice, however, most elderly parents will not do this because they fear a deterioration in their relationship with their children, restrictions on seeing their grandchildren and great-grandchildren, and so on.
Child maintenance obligations towards parents are an important legal instrument to ensure decent living conditions for those who can no longer take care of themselves. However, the obligation is not absolute – it applies only where the parents are genuinely in need and its scope is always proportionate to the children’s means. Maintenance is to be distributed among all the children according to their financial capacity and circumstances, while respecting the principles of good morals.
The obligation includes not only financial support but also the care of the parents or the provision of other needs such as housing or health care. In the event of a dispute, the court decides on maintenance, taking into account the situation of both parties. Stories from practice show that mutual family cohesion and efforts to resolve the situation together can contribute significantly to maintaining good relations and a dignified life for the parents.
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Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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