If the father has always been responsible for the father, the son must not be supported by him

Is your father in his forties? Then you're not that old! It's hard! Thumbs up for one!

1. Of course, you can refuse to sign, the divorce is your parents, what does it have to do with you? There are only three issues in the handling of divorce cases: 1. To leave or not to leave; 2. Child support; 3. Division of property. Maintenance is not at all within the scope of the deal.

2. However, even if it is signed, it will not have any effect. Because it doesn't matter if you sign or not, even if your father has not fulfilled his obligations, you can't get rid of maintenance obligations because of this. You will still have to pay your father for living expenses and medical expenses in the future.

3. However, you should still not have to pay living expenses now. The criterion for dependency is the ability to work, not age, but as a rule, maintenance is calculated from the age of 60 if there is no disability or illness that makes it impossible to work. Look at it this way, you don't have to pay now.

Fourth, as far as living expenses are concerned, the law stipulates that they should be paid according to the per capita living standard of the locals, generally speaking, a few hundred yuan a month, not as much as he says.

5. But in terms of medical expenses, if he is sick and you can afford it, you still have to pay for it.

Digression: Although your father is very bad according to you, but your life is still given by him, so don't look at him with hatred!

There is no legal basis for your father to ask you to sign the divorce agreement and write a guarantee, because the parties to the marriage are him and your mother, and the divorce is also a matter between them, even after the parents divorce, you have to support your father, because the parent-child relationship does not end because of the breakdown of the marriage, but the premise is that you have the ability to support, if you have no income and cannot support, even if your father sues you, he will not get the money.

Such a guarantee has no legal effect.

The divorce agreement only deals with the content of the divorce between the spouses.

Such as property division, child support, debts, etc.

It has nothing to do with the child's support for the parents.

That's a different legal relationship.

However, as far as blood relations are concerned, even if your father did not support you, you must fulfill your obligation to support him when he is old.

This is determined by the blood relationship between you, and cannot be changed by his failure to fulfill his obligation to support him.

And be careful: your relationship cannot be severed by legal means.

By the way: unless, you have been legally adopted by someone else, you can not fulfill your obligation to support your father.

Otherwise, he will sue you that you will not be able to escape.

The divorce settlement only deals with the relationship between the spouses, and since you are an adult and have your own job, your father and mother have no obligation to support you. However, it has nothing to do with your maintenance of him, and the marriage law does not provide for this. Therefore, the maintenance clause listed by your father on the divorce agreement is invalid and you can refuse to sign it, and even if it does, it has no legal effect.

As for the fact that you will support him in the future, that's another question. If your father is sick and he can't afford to pay for the medical bills, you have to share the medical bills if you can. If your father loses his life**, then you must also fulfill the maintenance obligation, regardless of whether he has fulfilled his father's responsibilities. Of course, your maintenance obligation refers to the part that is necessary for your father's life, and you are not obliged to pay for the consumption of luxury goods and illegal consumption such as gambling debts.

If a custody relationship is formed with the stepfather, then the stepfather is recognized by the law, and if not, it is the biological father who is recognized by the law. The relationship between adoptive parents and adoptive children applies to the relationship between biological parents and biological children, provided that the adoptive relationship is lawful. Once the adoptive parent-child relationship is established, the relationship between the biological parents and children is automatically dissolved, and there is no right to inherit the property of the biological parents and no obligation to support the biological parents.

In other words, the adoptive child cannot inherit the property of the adoptive parents and the biological parents at the same time, and the adoptive relationship can also be dissolved, after which the relationship between the biological parents and children will be automatically restored if the adoptee is under the age of 18, and if the adoptee has reached the age of 18, the adoptee's opinion must be sought.

Legal basis

Civil Code of the People's Republic of China Article 1111 From the date on which the adoptive relationship is established, the provisions of this Law on the relationship between parents and children shall apply to the relationship of rights and obligations between adoptive parents and adopted children; The provisions of this Law on the close kinship relationship between children and their parents apply to the relationship of rights and obligations between adopted children and the close relatives of their adoptive parents. The relationship of rights and obligations between the adopted child and his or her biological parents and other close relatives shall be extinguished by the establishment of the adoption relationship.

Civil Code of the People's Republic of China

Article 34: The duties of guardians are to carry out civil juristic acts and protect the personal rights, property rights, and other lawful rights and interests of the wards.

The rights of guardians arising from the lawful performance of their duties to protect the children are protected by law.

Where guardians do not perform guardianship duties or infringe upon the lawful rights and interests of their wards, they shall bear legal responsibility.

Article 27: Parents are the guardians of minor children.

Where a minor's parents are deceased or have no capacity for guardianship, the following persons with guardianship capacity are to serve as guardians in order:

1) Grandparents;

2) Brother and sister;

3) Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence.

Article 36: In any of the following circumstances, the people's courts are to revoke guardianship qualifications on the basis of an application by relevant individuals or organizations, arrange for necessary temporary guardianship measures, and lawfully appoint a guardian in accordance with the principle of the best interests of the ward

1) Carrying out conduct that seriously harms the ward's physical and psychological health;

2) Neglecting to perform guardianship duties, or being unable to perform guardianship duties and refusing to entrust some or all of their guardianship duties to others, resulting in the ward being in a state of distress;

3) Carrying out other conduct that seriously infringes upon the lawful rights and interests of the ward.

Article 37: Parents, children, spouses, and so forth who bear the child's support, alimony, or maintenance expenses in accordance with law shall continue to perform their obligation to bear the burden after the people's court has their guardianship qualifications revoked.

Legal Analysis: The father is one of the legal guardians of the child, and has the unshirkable responsibility for the upbringing and education of the minor child, and the upbringing of the minor child shall be the responsibility of raising and caring for the child spiritually, materially, and economically.

Legal basis: Article 1067 of the Civil Code of the People's Republic of China of the People's Republic of China: If parents fail to perform their obligation to support them, minor children or adult children who cannot live independently have the right to demand that their parents pay child support.

The Civil Code of the People's Republic of China of the People's Republic of China came into force on January 1, 2021.

We should assume the responsibility of education, cultivate children's autonomy, cultivate a strong character of children, take responsibility for supervising children, and also assume the responsibility of restraining children.

The responsibility of the father is to accompany the child to grow up better, make the family members more secure, but also to bear the responsibility of supporting the whole family, and to bring the child a better living environment, growth environment, learning environment, but also to bear the child's pain and joy.

It should assume the responsibility of a guide, the responsibility of a companion, the responsibility of a playmate, the learning to preside over the overall work of the family, and the role model for children.

They should take on the responsibilities of taking care of their wives, taking on family responsibilities, raising children, educating children, and providing adequate care to their families.

It is necessary to ensure the family's income, learn to save, and assume the responsibility of raising children, exercise children's independence, set a good example for children, and assume the responsibilities of fathers.

Legal Analysis: If the father does not bear the legal obligation to raise the child, he shall pay the mother the maintenance expenses of the minor child in accordance with the law. Legal basis

Article 1067 of the Civil Code of the People's Republic of China: Where parents fail to perform their obligation to support them, minor children or adult children who are unable to live independently have the right to demand that their parents pay child support. Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children. Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support.

The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Legal Analysis: A Father Fails to Fulfill His Responsibilities and a Son Is Not Allowed to Withhold. If the parents fail to fulfill their obligation to support them, the minor children have the right to demand that the parents pay child support. Adult children have the obligation to support their parents.

Legal basis: Article 1067 of the Civil Code of the People's Republic of China Where parents fail to perform their obligation to support them, minor children or adult children who are unable to live independently have the right to demand that their parents pay child support.

Parents who fail to fulfill their obligation to support their adult children, who lack the ability to work or who have difficulty arguing in their lives, have the right to demand alimony from their adult children.