Are parents with pensions eligible for child support?

Updated on society 2024-04-29
31 answers
  1. Anonymous users2024-02-08

    Hello, of course, you can be regarded as a child supporter. Regardless of whether there is a pension or not, it is considered to be the support of the children.

  2. Anonymous users2024-02-07

    Article 21 of the Marriage Law 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 obligation 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.

  3. Anonymous users2024-02-06

    Regardless of whether the parents have a pension or not, the children are supported. Therefore, you are obliged to support the elderly, so when you calculate your personal income tax, you can deduct 1,000 yuan from your salary per person (both parents are there). In this way, your taxable income is reduced accordingly.

  4. Anonymous users2024-02-05

    It is the duty of a child to support his or her parents. It doesn't matter if the parents have a pension or not. Therefore, it cannot be said that a parent with a pension is a child supporter.

  5. Anonymous users2024-02-04

    I don't think it counts, but the help is real, because they don't know how to draw when they are old and rich, and there is a trillion-friendly person around them, a reliable person, and a person who hangs up is still a child. I don't need my children's money, I need to find someone.

  6. Anonymous users2024-02-03

    I feel that it is a child's right to support their parents. It does not mean that if the parents have a pension, the children do not have to support them.

  7. Anonymous users2024-02-02

    Do you count as a tax deduction? Supporting the elderly can be reported when they are old enough.

  8. Anonymous users2024-02-01

    Hello, according to your description, the answer is as follows:

    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.

    How much alimony is to be given each month.

    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.

    To sum up, I hope it helps you!

  9. Anonymous users2024-01-31

    Of course, children have the obligation to support the elderly, of course they can, children have the obligation to support the elderly, of course you can, children have the obligation to support the elderly, your parents have retirement salary, they have their own income, this has nothing to do with you need to support, it has nothing to do with not supporting, they have a salary, it is their income, you need to support, it is your obligation.

  10. Anonymous users2024-01-30

    It is possible to demand maintenance from the child. But this fee should be paid according to the salary level of the child, if the son's monthly salary is only more than 4,000 yuan, in addition to supporting his own small family, there is no money left in several households, so you can only discuss with the two of you, and give some appropriately within the range he can afford a month.

  11. Anonymous users2024-01-29

    In judicial practice, when a parent who has a labor force or retirement salary files a maintenance lawsuit, the court usually decides that the child should pay alimony based on the average annual consumption expenditure of the local urban or rural permanent residents in the previous year, taking into account the parents' income, labor force, and local economic conditions.

    The gist of the case: Children have the obligation to support their parents, and when the children do not fulfill their maintenance obligations, the parents who are unable to work or have difficulties in living have the right to demand maintenance from their children. Children cannot completely ignore their parents just because their parents have retirement income or have a certain amount of economic income, which not only violates the law, but also does not conform to the traditional virtue of the Chinese nation of "all kindness and filial piety first".

    Children who do not live together should pay a certain amount of maintenance according to their actual living needs, actual affordability, and general local standard of living, and should also visit them regularly.

    According to the relevant provisions of China's Civil Code, not only biological parents can demand alimony from their children, adoptive parents can also demand alimony from their adopted children, and stepparents can also require their stepchildren who are being raised and educated by them to pay alimony. In contrast to the obligation to support biological children and adoptive children, the legal obligation of a stepchild to support a stepparent is conditional on the stepparent's upbringing and education.

    The Constitution stipulates that adult children have the obligation to support their parents. China's Civil Code also stipulates that children have the obligation to support their parents, and when children fail to fulfill their maintenance obligations, parents who are unable to work or have difficulties in living have the right to demand alimony from their children.

    Article 1058 of China's Civil Code clearly stipulates that when a child fails to perform the obligation of support, parents who are unable to work or have difficulties in living have the right to demand that the child pay alimony. Therefore, if the child does not fulfill the maintenance obligation, the parent who is in difficulty has the right to demand maintenance from the child, which is a legal right enjoyed by the parents and a legal obligation of the child. If the child fails to perform the obligation to support, the parents who are unable to work or have difficulties in living may file a lawsuit in the people's court; Where a child refuses to perform on the court's judgment on the payment of alimony, the parents may apply to the people's court for compulsory enforcement in accordance with law.

  12. Anonymous users2024-01-28

    Yes, the retirement salary is your own labor income, and it is not of the same nature as the child to give you alimony, and the maintenance obligation is completed, and the child should fulfill the maintenance obligation.

  13. Anonymous users2024-01-27

    Hello, dear, in traditional Chinese culture, it is natural for parents to raise their children, and for children to support their parents, which is also the filial piety preached in traditional culture. Regardless of whether the parents have a retirement salary, it is the responsibility and obligation of every child to support their parents, and there are also relevant provisions in China's Marriage Law, which clearly states that children have the obligation to support and assist their parents

  14. Anonymous users2024-01-26

    In terms of the obligation of maintenance, this is completely possible, although the parents have a salary, but this is the parents' own children, who have the obligation to support their parents, so it is possible to ask the children for maintenance.

  15. Anonymous users2024-01-25

    Yes, whether you have a pension or not, you raise him young, he supports you old, it is appropriate within the range he can bear, see what range he can accept.

  16. Anonymous users2024-01-24

    Yes, whether you have a pension or not, you can let your children fulfill their maintenance obligations, and your children may not have much money, so you have to give less money.

  17. Anonymous users2024-01-23

    Of course, this situation is okay, because although the parents have a retirement salary, if the retirement salary is not high, it will definitely not be enough for them to live, so they must have the right to demand alimony from their children.

  18. Anonymous users2024-01-22

    Parents have a salary when they retire, and the parents earn it themselves. So. It is right for children to support the elderly.

    Come according to the conditions. How much is on my own mind, and it is a responsibility to support my parents. Our parents raised us young.

    We should keep them old. They have something to rely on. Live a happy old age.

  19. Anonymous users2024-01-21

    Can parents have retirement wages and ask for alimony from their children? I think parents can ask for alimony from their children even if they have a retirement salary. Children also have the right to support their parents.

  20. Anonymous users2024-01-20

    I think parents can also ask for alimony from their children even if they have a retirement salary! It can be claimed by law! It can also be resolved through negotiation!

  21. Anonymous users2024-01-19

    It's okay, whether it's human ethics or law, as long as you don't want too much, it's okay.

  22. Anonymous users2024-01-18

    OK. However, it is very likely that the judicial route will eventually be resolved by civil mediation, so consult a lawyer first.

  23. Anonymous users2024-01-17

    Parents have a retirement salary, and children also have to pay alimony. This is a legal requirement.

  24. Anonymous users2024-01-16

    Own alimony should be based on your basic livelihood.

    Too much is a waste and will also put too much burden on the child.

    Too little affects your life.

    How much depends on the local living conditions.

  25. Anonymous users2024-01-15

    If the average parent has a retirement salary around them, they will definitely not reach out to ask for money like their children, they will be very considerate of their children's difficulties, and they will help her a little more if they can.

  26. Anonymous users2024-01-14

    In other words, alimony is logically to be given, but your son's salary is also very low, and it is almost the same for a month's food, if he gives it to you, don't you feel sorry for him if he can't eat enough and wear warm.

  27. Anonymous users2024-01-13

    If the parents have a retirement salary, they should no longer ask for alimony from their son.

    Your son's salary is not high, he still has to live and support his family!

  28. Anonymous users2024-01-12

    It is the duty of the children to support the elderly, and although the parents have retirement salary, the children also have the obligation to support the elderly, so the maintenance also needs to support the parents.

  29. Anonymous users2024-01-11

    Of course. Otherwise, why did you come out?

  30. Anonymous users2024-01-10

    Legal analysis: If the pension of the elderly meets the daily needs of the elderly, the children may not pay alimony, but the supporter shall fulfill the obligation of economic support, life care and spiritual comfort for the elderly, and take care of the special needs of the elderly.

    Legal basis: Article 1074 of the Civil Code of the People's Republic of China 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 23 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly: The elderly and their spouses have the obligation to support each other. Where a younger brother or sister who is supported by an older brother or sister becomes an adult and has the ability to afford it, he or she has an obligation to support the elder brother or sister who is old and has no support.

  31. Anonymous users2024-01-09

    Legal analysis: the elderly have a pension, and the children need to pay alimony, and the law does not stipulate that the parents have a pension, and 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 pension of the elderly is the legal income of the elderly. It is not a substitute for child maintenance. Children have an obligation to support their parents.

    Parents who are unable to balance their ability to work or who have difficulties in living have the right to demand maintenance from their children when they fail to fulfill their maintenance obligations. It is against the law to refuse to pay alimony on the grounds that the mother has a livelihood.

    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 fail to 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.

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