Do parents have a retirement salary and still need alimony

The Civil Code stipulates that it is the legal obligation of children to support their parents, and if the parents have a pension, if the pension cannot meet the living needs of the elderly, the parents can demand alimony.

Civil Code of the People's Republic of China

Article 1067: [Parents' Obligation to Support and Obligation to Support Children]Where parents do not perform their obligation to support, 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.

Standards for alimony: The criteria for determining alimony by the people's court include: the local economic level, the actual needs of the dependent, and the financial capacity of the supporter. The main contents of the payment of statutory alimony are:

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

2. The cost of illness of the elderly.

3. The nursing expenses of the elderly who cannot take care of themselves. If the elderly are unable to take care of themselves, their children have the obligation to take care of their basic livelihood, but if they are unable to do so for some reason, the relevant expenses incurred by others or the pension institution for taking care of them on their behalf shall be paid by the children.

4. Housing expenses for the elderly. Dependents have an obligation to properly house the elderly.

5. Necessary spiritual consumption expenditure.

6. Necessary insurance costs. 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 line, it is deemed that the child is unable to provide alimony to the parents, and it may not be calculated.

When the per capita monthly income of the children's family is higher than the minimum subsistence allowance, the excess part shall be calculated at 50% for the 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.

It is necessary to pay maintenance to the parents, and the children do not have the legal obligation to support their parents because the parents have a retirement salary, and the support of the parents is not only financial support, but also spiritual support, which needs to be borne by the children.

Parents who have a retirement salary and are over 60 years old can also be included in the amount of personal income tax deduction.

Although both parents have retirement salaries, their children still have to fulfill the obligation of support, not necessarily giving them money, but they must be spiritual, give comfort to their parents, often accompany their parents, take care of their parents when they are not in good health, and help solve their parents when they are in difficulty.

Supporting parents is the responsibility of children, retirement salary is the pension money of parents in their old age, and as children, they should still do their best to take care of the elderly.

It is the duty of a child to support his or her parents.

Legal analysis: Parents who have a pension can also ask for alimony from their children. China's law clearly stipulates that it is a legal obligation for children to support their parents, and it is against the law to refuse to pay alimony on the grounds that their parents have a livelihood.

Legal basis: Article 1067 of the Civil Code of the People's Republic of China Where an adult child fails to perform the obligation of support, or the parents who lack the ability to work or have difficulties in living, have the right to demand alimony from the adult child.

1. Do parents still need alimony if they have a retirement salary?

1. The law does not stipulate that if the parents have a retirement salary, the children do not need to support the elderly. Supporting the elderly is the cultural tradition of the Chinese nation, and it is the responsibility and obligation of every child. The retirement salary of the elderly is the legal income of the elderly. It is not a substitute for child maintenance.

2. Legal basis: Article 26 of the Civil Code of the People's Republic of China.

Parents have a duty to upbring, educate and protect their minor children.

Adult children have an obligation to their parents to support, support and protect them.

2. What is the obligation to support parents?

The obligations to support parents are as follows:

1. Housing for the elderly shall be properly arranged, and the elderly shall not be forced to 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. For the elderly's own housing, the supporter has the obligation to maintain it;

2. The supporter shall not require the elderly to undertake labor beyond their means;

3. The supporter shall not refuse to perform the maintenance obligation on the grounds of renunciation of inheritance rights or other reasons. If the supporter fails to fulfill the maintenance obligation, the elderly person has the right to demand that the supporter pay maintenance. The freedom of marriage of the elderly is protected by law.

Children or other relatives must not interfere with the divorce, remarriage, or post-marital life of the elderly. The dependant shall not be eliminated by the change of the marriage of the elderly.

4. Children should not only support their parents, but also respect their parents, care for their parents, and provide support in all aspects of family life. When they are old, infirm, sick and disabled, they should be properly cared for, so that they can find emotional comfort and live happily in their old age.

Parents who have a pension can also ask for alimony from their children. China's law clearly stipulates that it is a legal obligation for Hong to let his children support their parents, and it is against the law to refuse to pay alimony on the grounds that the parents have a living. The Civil Code of the People's Republic of China provides:

Parents who do not 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.

Parents who have a pension can also ask for alimony from their children. I talk nonsense about the fact that the laws of the country clearly stipulate that it is a legal obligation for children to support their parents, and it is against the law to refuse to pay alimony on the grounds that their parents have a livelihood.

Legal basis: Article 1067 of the Civil Code of the People's Republic of China Where an adult child fails to perform the obligation of support, the parents who lack the ability to work or have difficulties in life have the right to ask God and ask the adult child to pay alimony.

Legal analysis: Supporting the elderly is a traditional virtue of the Chinese nation, and the Civil Code of the People's Republic of China stipulates that 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. Therefore, it is the responsibility and duty of every child to support their parents. The pension of the elderly is the legal income of the elderly and cannot replace the maintenance of the children.

The criteria for determining alimony by the people's court include: the local economic level, the actual needs of the dependent, and the financial capacity of the supporter. Specifically:

With regard to the standard of alimony payment for the elderly with urban household registration, the laws, regulations or normative documents issued by various provinces and municipalities on the minimum subsistence guarantee for urban residents have provisions on the calculation methods of alimony and child support. Maintenance is generally calculated on the basis of the total household income minus the average standard of living of urban residents of family members, and the remainder is calculated on the basis of the average amount of the number of dependents. For the elderly with rural household registration, the data on the annual per capita living expenses of local farmers in the previous year released by the local statistical department are generally used as the benchmark.

Legal basis: 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 cannot live independently have the right to demand that their parents pay child support. Parents who do not fulfill their obligation to support their adult children, or whose parents lack the ability to work or who have difficulties in living, have the right to demand alimony from their adult children.