ülalpidamiskohustustega

Ülalpidamiskohustus is an Estonian legal term referring to the obligation of support or maintenance. This obligation primarily arises in family law, concerning the duty of certain individuals to provide financial or material support to others. The most common context is between spouses, former spouses, and parents and children.

Under Estonian law, parents have a statutory obligation to support their minor children. This duty continues until the child reaches the age of majority or completes their secondary education, whichever is later. The amount of maintenance is determined by the needs of the child and the financial capabilities of the parents. If parents cannot agree on the amount, it can be determined by a court.

Spouses also have a mutual duty of support during the marriage. This means each spouse is obligated to contribute to the common needs of the family according to their abilities. After a divorce, an obligation to support may continue under certain circumstances, particularly if one spouse is unable to support themselves due to age, illness, or childcare responsibilities, and the other spouse has the means to provide such support. This post-divorce maintenance is typically temporary and aimed at allowing the dependent spouse to regain financial independence.

The obligation of ülalpidamiskohustus can also extend to other family members, such as adult children being obligated to support their parents in need, or grandparents supporting grandchildren under specific conditions. Enforcement of this obligation can occur through civil proceedings, where a court can order the payment of maintenance.