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Hello! This needs to be analyzed on a case-by-case basis.
First of all, the relationship between you and your stepfather, Article 27 of the Marriage Law stipulates: "The rights and obligations between the stepfather or stepmother and the stepchildren who are being raised and educated by him shall be governed by the relevant provisions of this Law on the relationship between parents and children." "According to this article, the premise that you have an obligation to support your stepfather is that he has raised and educated you, and if there is no such premise, the stepchild is not obliged to support your stepparent.
Secondly, it is the relationship between you and your biological mother, Article 21 of the Marriage Law clearly states: "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. This article clearly stipulates that parents have no conditions for the maintenance of their children, and of course there are no conditions for the support of children for their parents, so you cannot shirk your obligation to support your biological mother.
Your obligation to support your birth mother can be discussed with your mother and her other children, and your obligation to support her is not your obligation alone.
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From a legal point of view, you must support, after all, it is your biological mother.
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From a legal point of view, it is necessary to maintain.
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Summary. Hello, I am a cooperating lawyer, I have received your question, I need a little time to answer, wait a minute.
Hello, I am a cooperating lawyer, I have received your question, I need a little time to answer, wait a minute.
If you have been missing for 24 hours, you can call the police. Missing persons are generally subject to a 24-hour time limit, but if you have evidence that the other person's personal safety may be in danger, or that the other person may be compromised.
In accordance with the provisions of law, the people's police shall accept and promptly investigate citizens' reports, and if there is dereliction of duty, failure to perform legally-prescribed obligations, or other inaction, the parties have the right to report or make accusations to the people's police organs, people's procuratorates, or administrative supervision organs.
You can report a case at any time, even if you have been missing for a few hours, but you can only file a case if you have been missing for more than 48 hours.
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Of course, Zhao has the right to inherit his biological father's estate, they are essentially paternity, and Zhao has absolutely the right to inherit his biological father's estate, and it has nothing to do with Zhao's inheritance of part of Fang's estate. For the inheritance of the parents of non-biological children, of course, it depends on whether there is a relationship of support and support between each other, but for the parents of biological children, there is no need to prove through this layer of relationship that they are one of the legal heirs like the partner of the current legal marriage. Fang has a dependency relationship with Zhao, so it is normal for Zhao to have the right to inherit part of the estate after Fang's death.
And Zhao's biological father and Zhao have a proper parent-child relationship, even if it comes to parenting, didn't there still exist a parenting relationship before Zhao's parents divorced? Therefore, Zhao can definitely inherit part of his biological father's inheritance legally. Zhao's stepmother has no right to say no, and Zhao can sue her.
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Yes, Chinese law is in your back.
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1) The final judgment of the court shows that the upbringing and education of parents for their children is an objective requirement of today's law. If you refuse to pay child support expenses and fulfill your support obligations like Wang, you will be punished by law.
2) Although the child takes the surname of the new father, the relationship with the biological father does not change because of this. Because life is given by the parents, the relationship between the son and the biological father in this case is established on the basis of blood relationship. There is no choice in this relationship, it cannot be changed, and it will not be caused.
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Q: Zhang filed a divorce lawsuit with the court because her husband Liu and a woman had been living together for a long time. At the time of the divorce, Zhang did not file for moral damages.
After the court judgment took effect, Zhang regretted it. May I ask: Can Zhang file a lawsuit for moral damages alone?
According to the judicial interpretation of the Supreme People's Court, the compensation for moral damages generally does not exceed 50,000 yuan. This is called the divorce fault damages system in the marriage law, and the following conditions must be met.
1. The party claiming damages must be not at fault for the divorce, which means that even if there is a fault, if the fault does not lead to the divorce (there is no causal relationship with the divorce), it is considered to be not at fault.
2. The party at fault must have the statutory fault circumstances provided for in Article 46 of the Marriage Law, namely: (1) bigamy; (2) A person who has a spouse cohabits with another person; (3) Committing domestic violence; (4) Abusing or abandoning family members. Only these circumstances constitute fault for divorce.
3. The fault must have a causal relationship with the divorce, that is, the fault leads to the divorce. If the parties are not divorced despite being at fault, they cannot claim this damages.
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Q: After Li divorced her ex-husband Wang, the 10-year-old child was raised by Li, and Wang paid 150 yuan per month for child support. Four years later, the child went to junior high school, and the expenses were very large, and Wang's monthly childcare fee was not enough.
Excuse me: Does Li have the right to change the circle and ask Wang to increase the child support?
Under what circumstances can a child request an increase in child support?
Article 18 of the Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts stipulates that a child's request for an increase in child support shall be supported if the parent has the ability to pay in any of the following circumstances.
1) The amount of the original child support allowance is insufficient to maintain the actual living standard of the locality;
2) Due to the child's illness or schooling, the actual needs have exceeded the original amount;
3) There are other legitimate reasons that should be added. For example, the original standard of alimony is too low. If it is necessary to pay additional child support due to the above circumstances, it can be handled through negotiation with the other party, and if the negotiation fails, it can be resolved through litigation.
In addition, article 7 of the Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts stipulates that "the amount of child support may be determined on the basis of the actual needs of the children, the affordability of both parents and the actual living standards of the locality." If they have a regular income, they may generally pay 20 to 30 per cent of their total income"; Article 18 stipulates that "if a child's request for an increase in child support is made in any of the following circumstances, and the parent has the ability to pay, the child shall be supported." 1) The amount of the original child support allowance is insufficient to maintain the actual living standard of the locality; 2) Due to the child's illness or schooling, the actual needs have exceeded the original amount; 3) There are other legitimate reasons that should be added. ”
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D test question analysis: According to the "Inheritance Law", the first-order heirs are parents, children, and spouses, in this case, Zhao and Li divorced, so Zhao has no inheritance right, so the first-order heirs of Li's estate are Li's son and parents, so D is chosen.
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