-
The question of whether a stepmother has an obligation to support her should not be generalized, but should be treated differently according to different circumstances.
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. This means that if the stepmother marries and the child is a minor, and the stepmother has fulfilled her obligation to raise and educate the minor child, then when the stepmother loses the ability to live independently, the child shall be supported in the same way as her biological parents.
If you have not been educated by your stepmother, you have no legal obligation to support your stepmother in this case. This is because you have not lived with your stepmother and have not formed a parenting relationship.
-
Parents have the obligation to raise and educate their children, and if parents fail to fulfill their obligations, children who are minors or who are unable to live independently have the right to demand maintenance from their parents. After the death of the father, the stepmother can ask the biological mother to pay child support if the stepmother agrees to continue raising the child. The child's biological mother cannot refuse to pay alimony on the grounds that the stepmother inherited the ex-husband's estate.
-
What if she has the ability to support herself, but I can't support him, and now I have to support my family with a thousand dollars, and he has at least three thousand dollars a month, and she has a daughter of her own.
-
It is a legal husband and wife, and when that child is a child, he has the obligation to support him!
-
If you find that you have no evidence to support you, sue her and ask her to leave your house.
-
Whether a stepchild has an obligation to support a stepparent is divided into the following two situations:
1. When the biological father and stepmother remarry, if the stepchild is already an adult and lives independently, or the biological parents are underage but still provide living and education expenses, and are not raised and educated by the stepmother, the stepchild has no obligation to support the stepmother;
2. When the biological father and stepmother remarry, the stepmother bears part or all of the living and education expenses, and the stepmother and the stepchild form a relationship of support and education. Stepchildren are obliged to support their stepmother.
1. Does the mother have the obligation to support her?
As to whether there is an obligation to support the stepparents and the stepchildren, it depends on whether the stepparents and the stepchildren have formed a relationship of support or support chain repatriation. Specifically, it can be divided into two situations:
First, when the biological father or mother marries the step-father or stepmother, and the stepchild is already living independently, or the stepchild is a minor but living with the other parent of the stepparent, then the stepparent has not fulfilled the obligation to support the stepparent, and the stepchild has no obligation to support the stepparent;
Second, if the stepfather or stepmother is married to the stepfather or stepmother, and the stepchildren are still minors, and they live with one of the biological parents and the stepfather or stepmother, and the stepfather or stepmother bears part or all of the obligation to support them, or the adult stepchildren have the obligation to support the stepparents, then a relationship of support or support is formed between the stepparents and the stepchildren, that is, the stepparents have the obligation to raise and educate the stepchildren, and the stepchildren have the obligation to support the stepparents. Inheritance relationships are also formed between stepparents and stepchildren.
2. Under what circumstances can the stepparent's child relationship be dissolved?
Circumstances under which a stepparent-child relationship can be dissolved include:
First, there is only a relationship of marriage between stepparents and children who have not formed a long-term relationship of living together and raising and education, and the relationship between stepparents and children is automatically dissolved when the marriage between the biological father and the stepmother or the biological mother and the stepfather is terminated.
Second, if the stepparents do not agree to continue to raise the minor stepchild after the divorce of the biological father and stepmother or the biological mother and stepfather, the stepparent-child relationship is dissolved and the child is raised by the biological parents.
Third, after the death or divorce of the biological mother or biological father who lives with the stepfather or stepmother. If the other parent takes the minor child back, the stepchild's relationship with the stepfather or stepmother is dissolved.
Fourth, if the relationship between stepparents and children who have lived together or raised and educated for a long time deteriorates, and both parties or one of the stepparents submit to the people's court to dissolve the relationship between stepparents and children, the termination may be permitted. However, after the relationship is dissolved, the adult step-parents and adult step-parents who are old and infirm and have difficulties in life shall still bear the obligation to support and support.
3. Is it against the law for a stepmother not to raise her stepdaughter?
After remarriage, if the other party's child is a minor, there is an obligation to support it. Although the remarried child is not related to the remarried parents, the minor stepchild living with the stepparent will form a relationship of upbringing and education, and the law confers on him or her the same rights and obligations as the biological parents.
During the existence of the relationship between the stepfather or stepmother and the minor stepchild, the stepfather or stepmother has the obligation to raise and educate the stepchild.
-
Legal Analysis: Adult children have an obligation to their parents to support, support and protect them.
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.
-
If the father remarries, if he and his stepmother form a relationship of upbringing and education, the stepmother has an obligation to support him, because the relationship of rights and obligations between the stepmother and the stepchild who is being raised and educated by the stepmother shall be subject to the provisions on the relationship between parents and children. If the stepmother lacks the ability to work or has difficulties in living, the stepchild shall bear the responsibility of support.
[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 the adult children who are unable to live independently shall 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 alimony from their adult children.
Article 1072.
There shall be no abuse or discrimination between stepparents and stepchildren.
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.
-
Summary. Hello, if you have formed a relationship with your stepmother, you need to support your stepmother.
If the biological father is deceased, whether there is an obligation to support the stepmother.
Hello, if you have formed a relationship with your stepmother, you need to support your stepmother.
According to the second paragraph of Article 26 of the Civil Code, "adult children have the obligation to support, support and protect their parents. Article 167 (2):
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. ”
Maintenance, i.e. taking care of aging parents. The so-called maintenance mainly refers to the behavior of children financially providing their parents with necessary daily necessities and expenses, that is, assuming certain economic responsibilities, providing necessary economic help, and meeting reasonable material requirements. The law stipulates that children have an obligation to support their parents, so do grandchildren have an obligation to support their grandparents? >>>More
If you are an adult when they get married, there is no relationship of custody and no obligation. >>>More
1. Ways of support between husband and wife.
In our country, there is a legal obligation between husband and wife to maintain them. In reality, there are two main types of support: direct support and indirect support. >>>More
Successful and smooth stretching, hope to achieve a successful achievement, the foundation is stable, can be able to develop upward, the family is prosperous, the body and mind are sound, and the longevity and happiness are maintained. 【Dajichang】 >>>More
Summary. 1.First of all, father's love is to let you learn to be strong, learn to be a man, as the saying goes, "if you don't raise it, your father's fault" means that your father taught you the ability to be a person and survive outside. >>>More