What to do if the parents deliberately ask for high alimony

Updated on society 2024-04-27
11 answers
  1. Anonymous users2024-02-08

    Disputes over the amount of alimony can be resolved through mediation or litigation. According to 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 per capita monthly income of the dependent's or the dependent's family is lower than the minimum subsistence line, the maintenance or maintenance fee to be borne by the supporter or the supporter shall be calculated in the following way: 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 his or her parents.

    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. The standards for the people's court to determine alimony include:

    The level of the local economy, the actual needs of the dependent, and the financial capacity of the supporter. The content of alimony payment is divided into six aspects: (1) basic alimony for the elderly; (2) Sickness expenses for the elderly; (3) The cost of care for the elderly who are unable to take care of themselves; (4) Housing expenses for the elderly; (5) Necessary spiritual consumption expenditures; (6) Necessary insurance premiums.

  2. Anonymous users2024-02-07

    First of all, if it is the biological parents, they will not let the child bear high alimony for no reason, you must know what the reason is, if it is really too high, you can seek a lawyer, look at the local alimony standard, and it depends on whether your parents have insurance, whether they have retirement salary, these are hard indicators, if so, alimony will be reduced.

  3. Anonymous users2024-02-06

    1.If the alimony demanded by the parents is too high, they can quietly refuse it directly. The parents file a lawsuit with the court, and the court will make a determination of the support scum.

    The court will make a fair judgment based on the local economic situation, the income of the children, the number of children and the living needs of the women.

    2.According to the provisions of the Civil Code, parents have the obligation to raise and educate their children; Children have an obligation to support their parents".

  4. Anonymous users2024-02-05

    Where an adult child refuses to pay alimony, the parents who lack the ability to work or have difficulties in living may apply for mediation to the local neighborhood committee or people's mediation committee, or other mediation institution, and may file a civil lawsuit with the court where the child is located. The process of suing for payment of alimony is as follows: 1. Bring your ID card, household registration book, complaint, etc., and apply to the basic court to file a case.

    2. If the requirements for initiating a lawsuit are met, the court shall file the case and notify the parties within 7 days, and if the requirements for initiating a lawsuit are not met, it shall rule not to accept it within 7 days. 3. The court shall send a copy of the complaint to the defendant within five days from the date of filing the case, and the defendant shall file a reply within 15 days from the date of receipt. 4. The court informs the parties of the relevant rights and obligations, forms a collegial panel and informs the parties, conducts necessary investigations on the litigation materials, collects corresponding evidence, and notifies the parties.

    5. Conduct court investigation, court debate, and opinion consultation, conduct civil mediation before the judgment, issue a mediation letter if the mediation is successful, and make a ruling and judgment if the mediation is unsuccessful.

    Article 26 of the Civil Code of the People's Republic of China provides that 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 1067 of the Civil Code of the People's Republic of China provides that 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.

    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.

  5. Anonymous users2024-02-04

    Legal Analysis: Adult children who are financially able to support themselves should provide the necessary maintenance expenses for the elderly when their parents have no financial income, or when the economic income is insufficient to maintain the local minimum living needs. If the child and the parents live together, the child shall provide the necessary conditions for clothing, food, housing and transportation for the parents; For children who are unable or unwilling to live with their parents, the children shall provide the necessary maintenance for the 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.

  6. Anonymous users2024-02-03

    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 giving material help. There is no age limit for supporting the elderly, and it is generally determined according to the status and economic situation of the elderly.

    Article 1067 of the Civil Code of the People's Republic of China provides that 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. Li Zhenzhi, whose adult children do not fulfill their maintenance obligations, and parents who lack the ability to work or who are in difficulty in living have the right to demand alimony from their adult children. Article 1111 of the Civil Code of the People's Republic of China: From the date of the establishment of the adoption relationship, the provisions of this Law on the relationship between parents and children shall apply to the relationship of rights and obligations between adoptive parents and adopted children; The provisions of this Law on the close kinship relationship between children and their parents apply to the relationship of rights and obligations between adopted children and the close relatives of their adoptive parents.

    The relationship of rights and obligations between the adopted child and his or her biological parents and other close relatives shall be extinguished by the establishment of the adoption relationship.

  7. Anonymous users2024-02-02

    If the parents continue to increase the amount of alimony, the children may negotiate with them, and if the negotiation fails, they may file a lawsuit with the court. The law stipulates that when a child fails to fulfill his or her obligation to provide support, the parent who is unable to work or who has difficulty in living has the right to demand maintenance from the child. Alimony shall be determined on the basis of the local economic level, the actual needs of the person being supported, and the financial capacity of the person being supported, and shall not be increased without reason.

    Article 1060 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 do not perform 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 to filial piety.

  8. Anonymous users2024-02-01

    If the parents continue to increase alimony, it can be resolved through mediation or litigation. The legal basis is: Article 21 of the Marriage Law: Parents have the obligation to raise and educate their children; Children have the obligation to support their parents.

    If the parents fail to fulfill the maintenance obligations, the children who are minors or unable to live have 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, abandonment and other acts of infant mutilation are prohibited.

    Calculation of alimony. First of all, 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 line, the child is deemed to be unable to provide maintenance to the parents.

  9. Anonymous users2024-01-31

    It is the child's obligation to support his parents, and if your parents continue to increase their alimony, you can also negotiate with them and explain the situation so that they know that you are not particularly wealthy. Jane bends their alimony to live on.

  10. Anonymous users2024-01-30

    What should I do if my parents keep increasing their alimony? First of all, the alimony will continue to increase, which can only be said to be paid according to one's actual situation.

  11. Anonymous users2024-01-29

    If the alimony is increasing, it means that the cost of the child needs to grow is a bit high.

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