My mother wants to remarry, do I have a maintenance obligation to my stepfather?

If you are an adult when they get married, there is no relationship of custody and no obligation.

Article 21 of the Marriage Law stipulates: "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 27 stipulates: "The rights and obligations between a stepfather or stepmother and a stepchild who is being raised and educated by him shall be governed by the relevant provisions of this Law on the relationship between parents and children. Note that we are talking about "upbringing and education," and by "upbringing," simply put, "protecting and upbringing."

The dependency relationship is between the elders and the younger generations, and it is the protection and upbringing of the incapacitated persons (mainly minors) by the elders, with an emphasis on education and protection. The purpose of parenting is to enable the healthy growth of the child. There are four aspects:

The first is to carefully care for and take care of children, create safe, healthy and happy living conditions and atmosphere for children, and ensure the rights to life, health and survival of children; The second is to provide all the necessary living expenses for the children, and provide economic security for the healthy growth and development of the children; The third is to provide education and learning expenses for children, ensure that children fully enjoy the right to receive compulsory education, and create conditions for cultivating and providing children's cultural quality and life skills; Fourth, it is necessary to teach children by word and deed, and educate children with healthy thoughts, conduct, and correct methods, so that life and family education can be organically unified. 】

This score: If you are an adult and no longer need your stepfather's support, you can not support your stepfather in the future.

If you still need to be raised by your mother and stepfather now, and your rights and obligations are equal, you will have to support your stepfather in the future.

The relationship between a stepchild and a stepparent arises when one of the parents dies and the surviving parent remarries, or when one or both parents remarry after the divorce.

The second paragraph of Article 27 of the Marriage Law of the People's Republic of China stipulates: "The rights and obligations between the stepfather or stepmother and the stepchildren who are raised and educated by him shall be governed by the relevant provisions of this Law on the relationship between parents and children. ”

Accordingly, the legal provisions on the relationship of rights and obligations between legitimate parents and children between stepparents and children who form a de facto custody relationship shall apply. Therefore, stepchildren who have been raised and raised by their stepparents have an obligation to support their stepparents. The relationship between stepparents and children is a legal fictional blood relationship.

The relationship of rights and obligations between them is based on the relationship of custody formed by the two parties on the basis of the principle of voluntariness, and the occurrence of such relationship of rights and obligations does not affect the relationship of rights and obligations between the stepchild and his biological parents, and the relationship of rights and obligations exists between the stepchild and the stepparent, and between the stepchild and the biological parents at the same time.

[Legal Analysis]: 1. The relationship between stepparents and stepchildrenStepparents and stepchildren are a kind of relatives arising from marriage and belong to in-laws. In reality, there are two common stepparent-stepchild relationships:

1. Name type: that is, when the biological father or mother remarries with the stepmother or stepfather, the stepchild has become an adult and lives independently, or although he is a minor, his biological parents still provide living and education expenses, and he has not been raised and educated by his stepfather or mother, so it is only the relationship between the stepchild and the stepparent in name. 2. Co-living style:

That is, when the biological father or mother remarries the stepmother or father, the stepfather or mother bears part or all of the living and education expenses for the stepparent, and the stepfather or mother and the stepchild have formed a relationship of support and education. 2. Do stepchildren have an obligation to support their stepparents? 1. For the relationship between stepparents and stepchildren, since the stepparents did not raise and educate the stepchildren, the stepchildren have no obligation to support the stepparents or mothers.

2. For the relationship between stepparents and stepchildren who live together, since the stepparents have formed a relationship of upbringing and education with the stepchildren, the stepchildren are obliged to support the stepparents or mothers.

Legal basis]: Article 1072 of the Civil Code of the People's Republic of China: Stepparents and stepchildren shall not be abused or discriminated against. The provisions of this Law on the relationship between parents and children apply to the relationship of rights and obligations between a stepfather or stepmother and a stepchild who is being raised and educated by him.