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1. Does grandmother have retirement income? If there is, and it is basically enough to live locally, there is no need for you and your aunt to pay alimony.
2. According to Article 28 of the Marriage Law, grandchildren who can afford it have the obligation to support their grandparents who have died or whose children are unable to support them. If your grandmother has no retirement income at all, she should be mainly supported by your aunt.
3. Support is mainly to meet the basic needs of life, not to meet the needs of luxuries.
Lawyer Xiong Zheng.
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In this case, you have no legal obligation to support, the responsibility is only moral.
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The solutions to the parental support problem are as follows:
1. The supporter shall not refuse to perform the maintenance obligation on the grounds of renunciation of inheritance rights, changes in the marital relationship of the dependents or other reasons;
2. If the supporter fails to perform the maintenance obligation, the supporter has the right to request the supporter to pay alimony;
3. If the supporter fails to pay alimony and jointly share expenses, in addition to paying alimony and jointly shared expenses, he shall also pay liquidated damages according to the amount of alimony and jointly shared expenses that should be paid1 per day. The litigation costs, attorney's fees, transportation expenses, and caregiver expenses incurred due to the supporter's non-performance of this Agreement shall be borne by the supporter in breach of contract;
4. If the supporter does not fulfill the obligation of support, he or she shall receive less or no share when inheriting the estate;
5. If some supporters fail to perform their obligations, and the other supporters continue to perform the obligations stipulated in the maintenance agreement in the order of seniority and youngness from the next order of the supporters who do not fulfill their maintenance obligations, no supporter shall use this as a reason for his or her failure to perform his obligations.
Legal basis
Civil Code of the People's Republic of China
Article 26: Parents have the obligation to raise, educate, and protect their minor children.
Adult children have an obligation to their parents to support, support and protect them. Article 37: Parents, children, spouses, and so forth who bear the guardian's child 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. Article 1074:Grandparents who can afford it have an obligation to support their minor grandchildren whose parents have died or whose parents are unable to support them.
Grandchildren who can afford it have the obligation to support their grandparents who have died or whose children are unable to support them.
Constitution of the People's Republic of China
Article 49: Marriage, family, motherhood and children are under the protection of the State.
Both husband and wife have the obligation to practice family planning.
Parents have the obligation to raise and educate their minor children, and adult children have the obligation to support and support their parents.
It is forbidden to undermine the freedom of marriage and to abuse the elderly, women and children.
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It is advisable to consult with the relevant legal counsel.
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Legal analysis: First, negotiate a settlement. On the basis of equality and voluntariness, the parties shall reach a settlement agreement through friendly consultation, mutual understanding and mutual accommodation, and then resolve the dispute.
Second, mediation and settlement. Under the auspices of the relevant organizations, the parties are urged to reach an agreement on their own to resolve the dispute.
Third, arbitration settlement. The parties to the dispute shall apply to the arbitration institution in accordance with the arbitration agreement or arbitration clause in the contract reached before or after the dispute, and the arbitration institution shall hear the case and make an award in accordance with the law.
Fourth, litigation settlement. Settlement through litigation means that one of the parties to the dispute files a lawsuit with the people's court in accordance with the law, and the court hears the case in accordance with the law and makes a judgment or ruling.
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.
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People are doing, the sky is watching, how to treat your parents, how to your husband's parents, communicate well, help your parents if you have the conditions, filial piety in no particular order, it is recommended to draw a clear relationship with your younger brother first, reflect on the need for the process, if he insists on going his own way, it doesn't matter, this kind of relatives, when there is not, you yourself have more conditions, don't all say to your husband, it is not necessarily good to say it, the curve saves the country.
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Your approach is very commendable, but your uncle has the financial means but does not support you, but asks you to inherit the maintenance obligation, which is said by people who do not understand the law. According to Article 21 of the Marriage Law, parents have the obligation to raise and educate their children; Children have an obligation to support their parents. In the event that a child fails to fulfill his or her maintenance obligations, the parent who is unable to work or who is in difficulty in living has the right to demand maintenance from the child.
Article 28: Grandparents who can afford it have the obligation to support their minor children or grandchildren whose parents have died or whose parents are unable to support them. Grandchildren who can afford it have the obligation to support their grandparents who have died or whose children are unable to support them.
Therefore, according to the above clockwork, you can order your uncle to give your grandmother's living expenses or to fulfill the obligation of maintenance. You have no legal obligation to support yourself.
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First of all, it is certain that her biological sons and daughters must have a duty of support to her, because they have always lived with her, have been raised by her, and are necessary to support their parents as children.
As to whether her two adopted sons have a maintenance obligation to the daughter (i.e. the stepmother), it depends on whether the daughter has fulfilled the maintenance obligation to the two brothers. If the two brothers were living independently at the time of the remarriage, there was no legal obligation to support the stepmother.
On the other hand, if both brothers were minors at the time of the remarriage, or if they were under their care, they should have a duty of support to their stepmother.
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These four children have the obligation to support, and the woman's biological son and daughter have the obligation to support, which does not need to be explained, and of course her biological mother has to be raised, which has no explanation!!
The two sons of the man have the obligation to support the woman, and that is because the man and the woman are married, and they should also bear the obligation to support their stepmother, which is stipulated by law!!
The court, of course, upheld it!!
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Girl, your grandmother is still able to take care of herself at the age of 90, thanks to your mother's careful care for more than 20 years, grandma has been able to achieve her current health and longevity. Your mother is kind, simple, generous, and lenient, and is a model of a good wife and mother, you can rest assured that good intentions will be rewarded, and your mother will live longer than your grandmother. As a junior, don't get involved in your parents' affairs, your mother has been waiting for your grandmother for more than 20 years, and your grandmother can live for a few years, you don't want to become your own knot for this, "help my mother vent" is really unnecessary, good people will do it to the end!
Help me calculate how much a person would spend on food in a normal family for a year", you want to ask your aunt and uncle for grandma's food, is this possible? This is not advisable to bring a peaceful family life back to the waves. As the saying goes:
Suffering is a blessing. "Suffering" is not only a realm, but also a kind of wisdom. People who can suffer losses are often safe and happy in their lives.
Suffering loss is not only a kind of mind, a quality, a kind of demeanor, but also a kind of calmness, a kind of view. A transcendence. Your mom did the right thing!
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People are selfish, I think it is a very happy thing for your grandmother to be supported and live with her children, isn't it good to let the elderly enjoy their old age in peace, these things don't need to be so clear. You want to help your mother get a little justice, but can the family debt be settled, what others do is someone else's business, just do your own thing, your mother is practicing filial piety and accumulating blessings.
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Good people have good rewards, bless you.
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By personal conscience! Hey, why don't you take turns taking care of the elderly?
Pretty much the same.
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