Research on the problems and countermeasures of family support for the elderly

Legal Analysis: Parents have the obligation to raise and educate their children; Children have an obligation to support their parents". If the per capita monthly income of the dependent's or the dependent's family is lower than the minimum subsistence line, the maintenance or maintenance expenses to be borne by the person with the support or support obligation shall be calculated according to the following method:

1) Calculation of alimony. First, the per capita monthly income of the child's family is calculated, and when the child's per capita monthly income is lower than the minimum subsistence allowance, the child is deemed to be unable to provide maintenance to the parents. If the per capita monthly income of the children's family is higher than the minimum subsistence allowance, the maintenance shall be calculated at 50% for the excess part within two children; Maintenance is calculated at 40% for more than three children.

The alimony payable is divided by the number of dependents to arrive at the alimony paid to each dependent.

2) Calculation of child support. If the husband and wife are divorced through legal procedures and do not live with their minor or children who are unable to live alone, they shall bear the child's support. Maintenance is paid at the rate of 30 per cent of the gross income of the child when there is one child and 20 per cent of the gross income when there are multiple children.

3) Payment of alimony and child support. If the actual amount of payment is higher than the above calculation standard, it shall be calculated according to the actual amount of payment; If the actual amount of payment is lower than the above calculation standards, it shall be calculated in accordance with the above calculation standards.

Legal basis: Article 1074 of the Civil Code of the People's Republic of China 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.

The caregiver shall ensure that the sick elderly receive timely ** and care. For the elderly who have financial difficulties, medical expenses shall be provided. For the elderly who are unable to take care of themselves, the caregiver shall bear the responsibility of care.

Where they cannot take care of them in person, they may entrust others or elderly care establishments to take care of them in accordance with the wishes of the elderly.

What is the standard of alimony for the elderly in 20021?

The standards of alimony for the elderly in 20021 are as follows:

1. The basic alimony for the elderly can be calculated by setting the per capita consumption expenditure of residents in various places and the subsistence allowance subsidy in various places, and calculating it in combination with the proportion of about 20% of the dependent's income.

2. The medical expenses incurred by the elderly when they are sick, except for the insurance claim, the rest of the expenses should be included in the alimony according to the bill amount of the medical department;

3. If the children are unable to take care of themselves due to illness or old age and infirmity, the nursing expenses shall be included in the alimony payment, and this cost will be calculated according to the certificate of the relevant pension institution or the standard of local general employees;

4. The maintenance content should also be calculated on the basis of the corresponding expenditure invoices.

When determining the content and calculation standard of alimony, it is necessary to consider both the necessity of the needs of the right holder and the possibility of the obligor's affordability, and comprehensively balance the interests of all parties under the premise of fully protecting the legitimacy of the elderly.

Legal basisLaw of the People's Republic of China on the Protection of the Rights and Interests of the Elderly

Article 16 Supporters shall make proper arrangements for the housing of the elderly, and shall not force the elderly to live in or move to houses with poor conditions. Children or other relatives must not encroach on the housing owned or rented by the elderly, and must not change the property rights or lease relationship without authorization. The caregiver has the obligation to maintain the housing owned by the elderly.