Is it reasonable for the son to have a monthly salary of 500 and the father to pay alimony of 100,00

Updated on society 2024-04-26
8 answers
  1. Anonymous users2024-02-08

    According to the law, children have the obligation to support their elderly parents, but maintenance is based on the child's income and meets the living needs of the elderly. In your case, parents do not need their children's financial help. The high amount of alimony demanded is of course unreasonable.

  2. Anonymous users2024-02-07

    Alimony is used for the elderly's life, not for dividing property or compensating for losses.

    For alimony, it is appropriate to pay it monthly, not on a projected basis.

    The son's monthly salary is about 30 percent, and it is more reasonable to pay the maintenance expenses of the elderly.

    If the son's salary increases in the future, the maintenance expenses of the old man can be increased accordingly.

  3. Anonymous users2024-02-06

    If the child's financial conditions permit, the maintenance paid to the parents shall not be lower than the local minimum subsistence standard.

    Therefore, there is no legal basis for asking for alimony of $100,000. Moreover, his retirement allowance is fully sufficient for his expenses, and his children do not need to pay alimony in case of financial difficulties.

  4. Anonymous users2024-02-05

    Is it possibly reasonable? The law does provide for this.

    Affirmatively, there is a range that is within the reach of adult children.

    And if the children and the parents are still together with the children, then under normal circumstances, you can't ask for any alimony, large denominations, money, and pocket money, that's no problem.

    In any case, children should take good care of the elderly. It's put.

  5. Anonymous users2024-02-04

    The old man's own retirement salary is 4 times that of his son... Cups.

    Is it society's fault?

  6. Anonymous users2024-02-03

    Legal Analysis:

    The per capita monthly income of a 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 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.

    [Legal basis].Article 1067 of the Civil Code of the People's Republic of China [Parents' Obligation to Support and Obligation to Support Children] Where parents do not perform their obligation to support, minor children or adult children who cannot 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. Article 1069: [Children shall respect their parents' marital rights] Children shall respect their parents' marital rights, and must not interfere with their parents' divorce, remarriage, or life after marriage.

    A child's obligation to support his or her parents does not end when there is a change in the marital relationship between the parents. According to Article 3 of the Civil Code of the People's Republic of China [Civil Rights and Interests are Protected by Law] The personal rights, property rights and other lawful rights and interests of civil subjects are protected by law and must not be infringed upon by any organization or individual. Article 4: [Principle of Equality]The legal status of civil entities in civil activities is equal.

    Article 5: [Principle of Voluntariness]Civil entities engaging in civil activities shall follow the principle of voluntariness, and establish, modify, or terminate civil juristic relationships in accordance with their own wishes. Article 6: [Principle of Fairness]Civil entities engaging in civil activities shall follow the principle of fairness and reasonably determine the rights and obligations of all parties. Article 7: [Principle of Creditworthiness]Civil entities engaging in civil activities shall follow the principle of creditworthiness, uphold honesty, and abide by their commitments.

    Article 8: [Principles of Law-abiding and Public Order and Good Customs] Civil entities engaging in civil activities must not violate the law or violate public order and good customs. Article 10: [Application of Law]The handling of civil disputes shall be in accordance with the law; Where the law has no provisions, custom may be applied, but it must not be contrary to public order and good customsArticle 11 [Priority Application of Special Law] Where other laws have special provisions on civil relations, follow those provisions. Article 12: [Scope of Effect]The laws of the People's Republic of China apply to civil activities within the territory of the People's Republic of China.

    Where the law provides otherwise, follow those provisions.

  7. Anonymous users2024-02-02

    The monthly income of 5000 is about 2000. Generally, the court will judge alimony according to the parties' own circumstances, the needs of the elderly and the local economic level, and in order to ensure the basic living needs of the elderly, it is also necessary to accompany the elderly frequently and give them love and care.

    Article 14 of the Law on the Protection of the Rights and Interests of the Elderly: Supporters shall fulfill their obligations to provide financial support, daily care and spiritual comfort to 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.

  8. Anonymous users2024-02-01

    1. If the payment obligation has a monthly salary of 10,000 yuan, it can be paid at a rate of 20-30%.

    2. Child support is determined based on the actual needs of the children, the affordability of both parents and the actual living standards of the local area. If the payment obligation has a monthly salary of 10,000 yuan, it can be paid at a rate of 20-30%.

    3. Legal basis: Interpretation (1) of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family

    Article 49 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.

    For those with a fixed income, maintenance can generally be paid at the rate of 20 to 30 percent of their total monthly income. Where two or more children are burdened, the proportion may be appropriately increased, but generally must not exceed 50 percent of the total monthly income.

    If there is no fixed income, the amount of child support may be determined on the basis of the total income of the current year or the average income of the same industry of the person in the same industry, with reference to the above proportions.

    Where there are special circumstances, the above proportion may be appropriately increased or decreased.

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