How old are the parents to ask for alimony

Updated on society 2024-03-23
8 answers
  1. Anonymous users2024-02-07

    China's marriage law stipulates that children have the obligation to support their parents, and parents who are unable to work or have difficulties in living have the right to demand alimony from their children. Inability to work generally means that the father has reached the age of 60 and the mother has reached the age of 55.

    The Constitution stipulates that adult children have the obligation to support their parents. China's Marriage Law also stipulates that children have the obligation to support their parents, and when the children fail to fulfill their maintenance obligations, parents who are unable to work or have difficulties in living have the right to demand alimony from their children.

    The main content of maintenance and assistance refers to the fact that under the current economic and social conditions, children should financially provide their parents with necessary daily necessities and expenses, and should respect, care and take care of their parents in life, spiritually and emotionally. Adult children who can afford it, regardless of gender, married or unmarried, are legally able to fulfill this obligation until the death of their parents when their parents need support. The obligation of a child to support his or her parents occurs not only between a legitimate child and his or her parents, but also between an illegitimate child and his or her biological parents, between an adopted child and his or her adoptive parents, and between a stepchild and a stepparent who has fulfilled the obligation of support and education.

    Legal basis: Article 21 of the Marriage Law of the People's Republic of China Parents have the obligation to raise and educate their children; Children have an obligation to support their parents. If the parents fail to fulfill the obligation to support them, the child who is a minor or who is unable to live independently has the right to demand maintenance from the 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. Infant drowning, infant abandonment and other acts of infant mutilation are prohibited.

  2. Anonymous users2024-02-06

    1. The Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly stipulates that people over the age of 60 are elderly, and for the elderly who are in financial difficulty, their children shall pay medical expenses and other expenses as the obligor of support, and at the same time, those who cannot take care of themselves shall be taken care of, and those who cannot take care of themselves shall be entrusted to others to take care of them in accordance with the wishes of the elderly, therefore, there are generally two conditions for children to pay alimony to their parents: a. The parents have reached the age of 60. b. Parents are in financial difficulty.

    For parents who are not in financial difficulty, their children shall also perform the legal obligation of daily care and spiritual comfort, and take care of the special needs of the elderly, and children who do not live with the elderly shall return home regularly to visit the elderly. This is what is called "going home and seeing the law".

    2. The supporter shall fulfill the obligation of financial support, daily care and spiritual comfort for the elderly, and take care of the special needs of the elderly.

    Supporters refer to the children of the elderly and other persons who have the obligation to support them in accordance with the law.

    The spouse of the supporter shall assist the supporter in fulfilling the maintenance obligation.

    3. The supporter shall ensure that the sick elderly receive timely care 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.

    The judicial basis is Articles 14, 15 and 18 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly.

  3. Anonymous users2024-02-05

    The law does not stipulate the age of the parents to pay alimony. Maintenance is an obligation under the law, and when parents lose the financial security of their livelihood and are unable to support themselves, their children should provide basic living expenses, which is legal maintenance. If the parents have a fixed income and a living guarantee, whether the children give money or not is a matter of filial piety, and there is no need for maintenance.

  4. Anonymous users2024-02-04

    1. How old are the parents to ask for alimony.

    1. If the inability to work is generally the father reaches the age of 60 and the mother reaches the age of 55, she can ask for alimony. Children have an obligation to support their parents, and parents who are unable to work or who are in difficulty in living have the right to demand maintenance from their children. The Constitution stipulates that adult children have the obligation to support their parents.

    Children have the obligation to support their parents, and when the children fail to fulfill their maintenance obligations, parents who are unable to work or have difficulties in living have the right to demand maintenance from their children. The main content of maintenance and support refers to the existing economic and social conditions.

    2. Legal basis: Article 1067 of the Civil Code of the People's Republic of China.

    If the parents do not perform the obligation to support them, the minor children or the 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, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.

    2. What are the costs of alimony?

    The expenses included in alimony are:

    1. The basic alimony for the elderly mainly includes the clothing, food and daily expenses that the elderly will inevitably incur;

    2. When the elderly sue the court for a maintenance dispute, the people's court shall determine the medical expenses that have been incurred and the relatively certain medical expenses that must be incurred in the future for some chronic diseases to be borne by the supporter. However, the amount and timing of large medical expenses that may occur in the future are uncertain. Therefore, it is generally not possible to make a judgment in favor of the request of the elderly person for large medical expenses that may be incurred in the future;

    3. If the elderly are unable to take care of themselves, their children have the obligation to take care of their basic life, but when they are unable to do it for some reason, the relevant expenses incurred by others or pension institutions should be paid by the children;

    4. For the housing expenses of the elderly, the supporter has the obligation to properly arrange the housing of the elderly. If the elderly have no house to live in and the elderly do not have their own housing, the reasonable rent should be included in the alimony;

    5. Necessary spiritual consumption expenditures, spiritual support for the elderly has become an indisputable legal principle, although it is difficult to adjudicate and enforce the obligation of spiritual comfort, but the most basic spiritual enjoyment of the elderly, such as cable television, radio, books and newspapers, etc., can be determined as the content of alimony payment to be borne by the obligor;

    6. Necessary insurance expenses, in addition to social security, the necessary medical and other insurance expenses for the elderly should also be maintenance expenses. Insurance not only provides maximum protection for the elderly, but also shares a lot of risk for the children.

  5. Anonymous users2024-02-03

    Legal analysis: Children have the obligation to support their parents, and parents who are unable to work or have difficulties in living have the right to demand maintenance from their children. The absence of labor ability generally refers to the father reaching the age of 60 and the mother reaching the age of 55.

    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. Grandchildren who fail to fulfill their maintenance obligations, parents who lack the ability to work or have difficulties in living have the right to demand that their adult children pay maintenance fees.

  6. Anonymous users2024-02-02

    This has nothing to do with age, as long as they are no longer able to support themselves, then they need to pay alimony.

  7. Anonymous users2024-02-01

    So how old are parents who can manage their children's alimony? There is no specific age limit for this. Generally speaking, if the parents are no longer able to work, they will not be able to earn money. Children should then take on the responsibility of caring for their parents.

  8. Anonymous users2024-01-31

    It depends on the actual situation.

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