Child support obligation to parent: the upside-down world
We take it for granted that parents care for and support their children, but what not everyone knows is that children can also be held to care for their parents.
Children also have a maintenance obligation; this stems from the solidarity of the family relationship. In this article we explain for you what this maintenance obligation entails and whether you should contribute to your parents' maintenance.
Conditions of the maintenance obligation
The maintenance obligation, also known as the duty of care or duty of assistance, is enshrined by law in the articles 205 and 205bisof the Civil Code. To be held to this duty, two conditions must be met. The first condition is that the parent must be indigent, but what does this mean? According to the Court of Cassation the state of need includes all the basic needs of life such as food, housing, heating, clothing and medical expenses and this in relation to the normal living conditions of the parent considering his education, social situation and age. The state of needs will only apply when the parent is unable (by his own actions) to support himself.
A second condition is that, as a child, you must have the necessary means of support. If you thus lack the necessary resources, you cannot be sued.
Now in what cases does it happen that you are called upon to provide for your parent's upkeep? Well, the most common case is when the retirement home bill is too high. Nowadays, we see more and more retirees unable to pay the retirement home bill, this would be the case for 8 out of 10 retirees. In such cases, the person can rely on the help of the PCSW, however, the PCSW has the possibility of recovering all or part of the cost of the rest home from the children. This is also called the rest home system.
Deviations and exceptions
At first glance, this seems like a very just obligation: your parents took care of you all your life; when they can no longer take care of themselves, you will take care of them out of gratitude.
Still, the shoe can drop, as the obligation does not take into account the fact that not every child was raised well and not every child has a bond with its parent. Also, the maintenance obligation sometimes creates family tensions. It is for these reasons that some Flemish municipalities do not apply the care home system. According to VRT, in 1 in 10 Flemish municipalities, the contribution requirement in the nursing home bill does not apply.
But what if you do not live in one of these municipalities, do you have to contribute to maintenance? In certain cases, the CPAS may waive recoveries for reasons of fairness, such as when the relationship between the parent and child has been very poor for years.
Every family is different so each situation will be assessed individually.
If you have questions about your maintenance obligation you can always contact with our specialists.
