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When people get old, their ability to stand on their own feet decreases, and they need to be taken care of physically and mentally.
We raise children in the hope that there will be sustenance when we are old, when we are sick and someone will take care of them, when our wife goes, we can still have a relative to accompany them, and after we die, we will have children to take care of the aftermath.
People have feelings, and we can't always look forward in this regard, but also look back, always holding our masters who are getting weaker and weaker.
We are used to being cared for by the elderly, and when they need our care, we always don't see it, or don't want to see it.
Think about it, when you raised your children, they went out to form their own family, but left you alone, how did you feel at that time? When you are sick and need someone to take care of you, what is your mood when the little person who always surrounds you and calls your father (mother) is gone? When you have no financial ability and a crisis in your life, but no one cares, how do you feel at that time?
When you are old and alone, you can't see the relatives you miss, what kind of sadness is that!
If you want to know what to do, you have to put yourself in their shoes.
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Article 21 of China's Marriage Law stipulates: "Parents have the obligation to raise and educate their children, and children have the obligation to support and 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. ”
China's Law on the Protection of the Rights and Interests of the Elderly stipulates that the elderly mainly rely on the family for the elderly, and family members should care for and take care of the elderly. The supporter shall fulfill the obligation of financial support, daily care and spiritual comfort to the elderly, take care of the special needs of the elderly, and provide medical expenses and nursing care for the sick elderly. If the supporter fails to fulfill the maintenance obligation, the elderly person has the right to demand that the supporter pay maintenance.
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Of course it's unreasonable, if there were no old people, they would starve to death, and ** can live to raise children today.
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Legal Analysis: No. According to the law, it is a legal obligation for children to support their elders.
When both parents or one of the parents refuses to fulfill the obligation to support the child, the minor or unable to live independently has the right to demand the payment of child support from the parents, and cannot resist the maintenance obligation because the parents have not fulfilled the maintenance obligation; Even if a parent fails to fulfill his or her obligation to support his or her child, he or she will receive legal support when he or she is unable to work or has difficulty in life.
Legal basis: Civil Code of the People's Republic of China Article 1074 Grandparents who can afford it have the 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.
Article 23 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly The elderly and their spouses have the obligation to support each other. Where a younger brother or sister who is supported by an older brother or sister becomes an adult and has the ability to afford it, he or she has an obligation to support the elder brother or sister who is old and has no support.
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Legal analysis: It is legal to ask for pension without raising children. As the supporters of the children, He Rangda shall fulfill the obligation of financial support, daily care and spiritual comfort to the elderly, and take care of the special needs of the elderly.
Sons and daughters have the duty and right to support their parents, and married women have the duty and right to support their parents.
Legal basis: Constitution of the People's Republic of China Article 49 Parents have the obligation to raise and educate their minor children, and adult children have the obligation to support and support their parents.
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If the children do not support the elderly, the elderly may sue their children to the people's court to demand the fulfillment of the obligation of support.
If the children do not support the elderly, the elderly can go to the court to sue and ask the children to pay alimony or take care of themselves. Supporting the elderly is not only about paying alimony, but if the elderly are sick and need to be taken care of by their children, if they do not take care of their children, they may be suspected of the crime of abandonment.
How statutory alimony is calculated.
1. According to the current relevant regulations, the living standard of the elderly shall not be lower than the living standard of their family members, and the standard of alimony for the elderly in rural areas mainly depends on the living standard of his or her family. However, in judicial practice, the data on the annual per capita living expenses of local farmers in the previous year published by the local statistical department should generally be used as the benchmark.
2. Nursing expenses for those who are unable to take care of themselvesIf the elderly in rural areas are unable to take care of themselves, their children have the obligation to take care of their basic living or ask others or pension institutions to take care of them on their behalf, and then the children will pay the relevant expenses. Therefore, the maintenance of the elderly who is unable to take care of themselves and whose children are unable to take care of them should be included in the above-mentioned expenses, which will be calculated on the basis of the certificate of the pension institution or the local general employment salary.
Legal basis: Article 1067 of the Civil Code of the People's Republic of China.
If the parents do not fulfill the obligation to support them, the minor children or adult children who are unable to live independently have the right to demand that the 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 difficulties in living, have the right to demand that their adult children pay alimony.
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Legal Analysis: Adult children have an obligation to support, support and protect their parents.
Legal basis: Article 26 of the Civil Code of the People's Republic of China 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 261 of the Criminal Law of the People's Republic of China Whoever refuses to support a person who is old, young, sick, or otherwise has no ability to stand on his own and has an obligation to support him, and the circumstances are heinous, shall be sentenced to fixed-term imprisonment of not more than five years, short-term detention, or controlled release.
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It is your obligation to support the elderly, it is the right of the elderly, and if you do not support the elderly, you will win the case if you go to the court to sue the elderly; It is their obligation to take advantage of the elderly to raise you when you are young, and Li Zhibi is your right, when you are young, your parents do not support you, and you will win the lawsuit if you go to the court, and your rights and obligations are equal. It is your obligation to raise children, and the right holder is your child, not the obligation of the elderly.
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Legal analysis code bend round: the elderly do not take children and still use support. Supporting the elderly and raising children are the responsibilities and obligations of the younger generation.
Basis of the law: "Civil Code of the People's Republic of China" Article 1067 Where parents do not 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.