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We believe that, according to the current legal provisions, in judicial practice, the formation of a dependency relationship cannot be denied because of the short duration of the fact of support. However, if the fact of custody lasts less than 2 years, special caution should be exercised to determine that a relationship of custody has been formed between the stepparent and the stepchild. This is because whether or not it is determined that a custody relationship has been formed between stepparents and stepchildren involves whether the stepparents and stepchildren have mutual inheritance rights, and also involves whether the stepchildren have the obligation to support the stepparents, and then whether the rights and obligations of both parties are equal.
1) The stepparent bears all or part of the stepchild's living expenses and education expenses.
2) Unless the stepparents bear all or part of the stepchild's living expenses and education expenses, the stepparents live together with the minor stepchild and take care of the stepchild in education and life, even if they do not bear the maintenance expenses, they shall be deemed to have formed a custody relationship.
3) It is believed that as long as the stepparents and stepchildren live together, they can be considered to have formed a de facto parenting relationship. As far as the theory that "stepparents bear all or part of the living expenses and education expenses of their stepchildren", in ordinary families in China, the property system in which the husband and wife jointly share property is adopted, and the agreed property system is relatively rare. In most remarried families, as long as the biological father or mother bears the child's living expenses or education expenses, the stepmother (husband) should also be considered to have borne part of the stepchild's living expenses and education expenses.
Therefore, it can be said that as long as the remarried party has minor children, the other party will definitely establish a relationship of custody with him.
Interpreted in this way, the law is tantamount to taking into account the intention of the parties in the slightest. In the case that "if a stepparent and stepchild live together, they can be considered to have formed a de facto parenting relationship", the meaning of support between the stepparent and the stepchild is not considered, but the cohabitation is equated with parenting. In real life, even if some stepparents and stepchildren live together, they do not take care of each other, but may quarrel with each other, so it is difficult to use the standard of living together to determine the formation of a custody relationship.
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From the date of registration of the marriage, the income of both husband and wife is the joint property of the husband and wife, and although the biological mother does not work, half of the property of the husband and wife belongs to her legal income;
Whether a dependency relationship is formed should be that the stepchild is not yet a minor, and when one of the accompanying parents lives with the stepfather or stepmother, the stepfather or stepmother bears part or all of the living and education expenses for him, or the adult stepchild in fact supports the stepparent for a long time, and it is also considered to have formed a parenting relationship. Focus"Living together"formation of factual relationships;
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You don't work anymore, but you only have Fuyang freight, and you can follow your stepfather, so it's a custody relationship, because the money he pays you may be earned back by your stepfather.
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Your birth mother does not work but has been paying child support, and the child support money your mother gives you is given by your stepfather, that is to say, it is your stepfather who raised you, and it is your stepfather who is in a custody relationship, and it is your birth mother and stepfather who raise you together.
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The birth mother does not work, but pays child support. So whether there is a dependency relationship between you and your stepfather? It depends.
If you live together and your stepfather also pays you a certain amount of living and learning expenses, it constitutes a custody relationship. If you don't live together and don't pay you the associated expenses, it's certainly not enough.
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There is no custody relationship with his stepfather, because he did not come to live with his stepfather with the sonor, but only the biological mother and paid the maintenance fee. Therefore, there is no dependency relationship between them.
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This must belong to the custody relationship, after all, your child support is actually earned by your stepfather's work, so your stepfather must belong to the custody relationship, and this cannot be escaped.
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You can also pay child support if you don't have a job, because it is stipulated in the divorce agreement that one party must pay child support.
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This is not a dependency relationship. Because although the biological mother does not work, her husband also earns hers.
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It is a dependency relationship. If the child support is paid by the biological mother, then it is not a maintenance relationship, and if it is paid by the stepfather, then the maintenance relationship is established.
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As long as you pay child support, it is considered a custody relationship, although you don't work, but it is also paid by your biological mother, and you live with your stepfather, so forget it.
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Generally speaking, if the biological mother does not work, but pays for child support, then it is still a maintenance relationship, as for the payment, if you give him food and clothing, then it is also fulfilled, and the maintenance obligation is fulfilled.
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In addition to the stepfather who bears all or part of the stepchild's living expenses and education expenses, the stepfather lives with the minor stepchild and forms an educational and living care for the stepchild, which is a relationship of support
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The consonant doesn't work, but if you pay the child-rearing fee and whether it has anything to do with the stepfather, it depends on whether you are living with the creature or with your father, and if you live with the consonant, then you also belong to the parenting relationship with the stepfather.
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The initials don't work though. But this is when it comes to getting married. He and your stepfather registered, then their property is joint. So. Your relationship with your stepfather should be counted as a dependency relationship.
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As long as your stepfather lives with your birth mother. And you're not an adult. It is regarded as a dependency relationship.
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If your stepfather adopted you in a legal way, then this must belong to the custody relationship, this is beyond doubt, when the legal point of view, as long as the legal formalities are complete, it is legal.
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Of course, your biological mother gives you child support, and as a stepfather, you also have a dependency relationship.
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The holiday should also have some parenting relationship with the stepfather, after all, the biological mother is already married, and the biological mother has skin, and he has already given you money, so it should also have something to do with the stepfather.
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What you mean is that the biological mother and the stepfather live together, but the biological mother will give the stepfather living expenses, so there is no custody relationship, just two people live together.
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In this case, the money taken out by the mother, of course, is given by the stepfather, and it can also be regarded as a custody relationship.
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If the child support stepfather is also involved, it is also considered a custody relationship.
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If you go to your stepfather, then you are still underage, you are blessed with them, Brother Fu is already an adult. There is no support.
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If your birth mother and stepfather are married. You have an obligation to support your stepfather, it depends on the situation.
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Your birth mother doesn't work and doesn't have a financial **, so where does the child support she pays come from? The answer is obvious, the actual supporter you have been has been is your stepfather, reasonable people should have clear grievances, and those who have helped themselves should be grateful!
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The initials don't work, but they pay for child support, so it's a dependency relationship with the bills, is it certain? If he doesn't belong to the custody relationship, she paid for it.
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Paying your mother child support means that your stepfather is also raising you.
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You don't have any relationship with your skin, if you don't have a relationship with Jing, your various upbringing relationships and your step-ups don't have a single dollar.
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If the vowel does not work, but pays child support, is it a dependency relationship according to the service? Yes, you and your stepfather are in a parenting relationship.
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If your birth mother does not work but pays child support. Then your stepfather, of course, belongs to the custody relationship.
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1. Explanation according to the question:
If the child's father and mother are no longer alive and the child is still a minor, the first caregiver should beGrandparents who can afford it. If there are no grandparents or maternal grandparents, or if they have no ability to support them, then they need to have the ability to support the elder brother or sister to bear the obligation to support them.
2. Explain the legal provisions involved in the question:
Article 28 of the Marriage Law provides that grandparents who can afford it have the obligation to support their minor grandchildren whose parents have died or whose parents are unable to support them. Grandchildren who can afford it have the obligation to support their grandparents who have died or whose children are unable to support them.
Article 29: Older brothers and sisters who can afford it have an obligation to support minor younger brothers or sisters whose parents have died or whose parents are unable to support them. Younger brothers and sisters who are raised by older brothers and sisters who can afford it have the obligation to support older brothers and sisters who lack the ability to work and lack livelihood.
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If your father and stepmother die, you have an obligation to support them.
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1. What does it mean that the father is not there? If the father is deceased, the stepmother is not obliged to raise the stepson. If a stepmother raises a stepchild, the relevant provisions of the Marriage Act on the relationship between parents and children apply.
2. Article 21 of the Marriage Law 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.
Article 27: There must be no abuse or discrimination between stepparents and stepchildren. The rights and obligations between a stepfather or stepmother and a stepchild who is being raised and educated by him shall be governed by the relevant provisions of this Law on the relationship between parents and children.
Article 36: The relationship between parents and children is not extinguished by the divorce of parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent.
After divorce, parents still have the right and obligation to raise and educate their children.
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Depending on the situation, there is an obligation to support if a relationship of support is formed. The conditions for the formation of a dependency relationship are:
1. When the custody relationship is formed, the stepchild shall be a minor;
2. There must be a factual condition for long-term living together between the stepchild and the stepparent;
3. There is a long-term maintenance time.
A step-parent-child relationship is a relationship between a child and the remarried spouse of the biological father or mother due to the death of one parent or the divorce of the other parent. In kinship law, this relationship is considered by marriage. Depending on whether the stepparents and stepchildren have formed a dependency relationship, the stepparent-child relationship can be divided into two categories.
One is the formation of a dependency relationship, in which case the relationship of repentance has been transformed into a kind of fictitious blood relative; On the other hand, there is no relationship of dependency, in which case the relationship between them remains purely by marriage.
Legal basis
Civil Code of the People's Republic of China
Article 1068 stipulates: "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.
Article 1074 stipulates: "Grandparents who can afford it have the obligation to support their minor grandchildren whose parents have died or whose parents are unable to support them."
Article 1071 stipulates: "Children born out of wedlock shall enjoy the same rights as children born in wedlock, and no one shall endanger or discriminate against them in the spare time." A biological father or mother who does not directly raise a child born out of wedlock shall bear the child's living expenses and education expenses until the child is able to live independently".
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This is a very difficult situation, and here are a few possible solutions that you can consider:
Communicate with your stepdad: Try to communicate with your stepdad to express your and your family's needs and concerns and seek a way to resolve the issue. Perhaps you can make an agreement with your stepfather, such as splitting some of the family's expenses or creating a financial plan.
Seek legal assistance: If you are unable to resolve the issue through communication, consider seeking legal assistance. You can consult with a lawyer about your legal rights and how to exercise them, as well as take legal action to protect the interests of your family members.
Seek help from a social service agency: If you can't solve the problem on your own, you can seek help from a social service agency. These institutions provide a variety of services such as psychological counselling, financial support, legal aid, family counselling and child protection.
Seek support from family members and friends: If you have family members and friends and family members around you, they may be able to offer help and support, such as providing emotional support, lodging, food, etc.
It's important to note that the exact solution you take depends on your specific situation, so you can make the decision that works best for you.
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Legal Analysis: The Civil Absolute Promotion Code stipulates that if a stepchild and a stepparent form a relationship of support, it shall be handled as a parent-child relationship, and the stepchild shall have the responsibility of supporting the stepparent.
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 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.
Article 1072:There must be no abuse or discrimination between stepfathers, brothers, mothers, 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.
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