How to distinguish the relationship between maintenance and maintenance

Maintenance: The so-called 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.

Maintenance refers to the material and living assistance provided by children or younger generations to their parents or elders. There are two cases:

1) The child's support for the parents.

The Constitution stipulates that adult children have the obligation to support their parents. China's Marriage Law also stipulates that children have the obligation to support their parents, and when the 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.

The main content of maintenance and support means that under the existing economic and social conditions, children should financially provide their parents with necessary daily necessities and expenses, and should respect, care and take care of their parents in life, spiritually and emotionally.

Adult children who can afford it, regardless of gender, married or unmarried, shall make every effort in accordance with the law to fulfil this obligation until the death of their parents when their parents need support.

The obligation of a child to support his or her parents occurs not only between a legitimate child and his or her parents, but also between an illegitimate child and his or her biological parents, between an adopted child and his or her adoptive parents, and between a stepchild and a stepparent who has fulfilled the obligation of support and education.

In order to protect the legitimate rights and interests of dependents, the Marriage Law stipulates that when a child fails to perform the obligation of support, parents who are unable to work or who have difficulties in living have the right to demand maintenance from their children. Those who refuse to perform may be resolved through litigation, and where the circumstances are heinous and constitute a crime, their criminal responsibility is to be pursued in accordance with law.

2) The support of the younger generation to the elders.

The Marriage Law stipulates that grandchildren who can afford it have the obligation to support their grandparents and grandparents who have died.

This maintenance is conditional, i.e., the grandchild is able to afford it, and the grandparent's child is deceased.

The above-mentioned provisions are important legal measures to protect the legitimate rights and interests of the elderly.

Legal consequences of non-fulfillment of maintenance obligations.

Generally speaking, after a child reaches adulthood and lives independently, the parents no longer have the obligation to support them materially and in life. However, in the case of adult children, parents have the obligation to educate and support them if they are able to afford them:

1. Loss of working ability or partial loss of working ability, and their income is insufficient to maintain their livelihood;

2. Those who are still in school;

3. There is no ability and conditions for independent living.

Minor children have the right to claim alimony from their parents when their parents fail to fulfill their obligations. Disputes arising from forced alimony may be mediated by the relevant departments or handled by the people's courts in accordance with litigation procedures. Where the circumstances are heinous and a crime is constituted, criminal responsibility shall be pursued in accordance with law.

Custody refers to the responsibility of parents to their children;

Maintenance is the responsibility of children to their parents;

Maintenance encompasses maintenance and maintenance, as well as relationships between siblings.

Custody is parent-to-child.

Maintenance is child-to-parent.

In a broad sense, support refers to the relationship of rights and obligations between specific relatives in accordance with the clear provisions of the law to support each other economically and take care of each other in life, which includes three specific forms: "support" between elder relatives to younger relatives, "support" between relatives of equal generations, and "support" between younger relatives to elder relatives.

1. The objects are different, the object of support generally refers to the elders to the juniors, and the objects of support generally refer to the juniors to the elders;

2. The purpose is different, raising emphasizes education and protection, and the purpose is to let the children grow up healthily, while maintenance emphasizes providing necessary economic help and giving material help.

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. Raising is mainly the upbringing and upbringing of children, grandchildren, grandchildren and other younger generations by parents, grandparents, maternal grandparents and other elders.

The law stipulates that every citizen has the obligation to support his parents, raise his children, and support the weak. Parents have the right and duty to educate and protect their minor children. Where minor children cause harm to others, parents shall bear civil liability in accordance with law.

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. A biological father or mother who does not directly raise a child born out of wedlock shall bear the maintenance of the minor child or an adult child who is unable to live independently.

Grandparents who can afford it have the obligation to support their adult 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. Older brothers and sisters who can afford it have the obligation to support minor younger brothers and 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.

1. The age at which the obligation to support is stipulated.

The parent's obligation to support the child terminates when the child reaches the age of 18, but if the child reaches the age of 18 but is unable to live independently in the following circumstances, the parent shall still fulfill the obligation to support:

1.The child is still in school and receiving high school education or less;

2.The child is unable to maintain a normal life due to loss or incomplete loss of working capacity not due to subjective reasons.

Maintenance and upbringing are not the same. Maintenance is the obligation of the grandparents or parents to the grandchildren, grandchildren or children, while maintenance is the opposite of maintenance, and maintenance is the obligation of the younger generation to the elders who lack the ability to work or have difficulties in life. The following is a detailed answer to the question of maintenance and maintenance.

1. Is maintenance the same as raising?

1. Maintenance and upbringing are not the same. Maintenance is the obligation of the grandparents or parents to the grandchildren, grandchildren or children, while maintenance is the opposite of maintenance, and maintenance is the obligation of the younger generation to the elders who lack the ability to work or have difficulties in life.

2. Legal basis: Article 1067 of the Civil Code of the People's Republic of China provides that if parents fail to perform their obligation to support them, minor children or adult children who cannot live independently have the right to request their parents to 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.

2. What are the definitions of maintenance and maintenance?

The dependency relationship is between the elders and the younger generations, and it is the protection and upbringing of the incapacitated persons (mainly minors) by the elders, with an emphasis on education and protection. The purpose of parenting is to enable the healthy growth of the child.

Children perform the obligation of support to their parents, and maintenance refers to the material and economic provision of the necessary living conditions for the parents, and the children, as the supporters, shall fulfill the obligation to provide financial support, daily care and spiritual comfort to the elderly, and take care of the special needs of the elderly. Both sons and daughters have an obligation to support their parents.

Custody is the protection and upbringing of incapacitated persons (mainly minors), with an emphasis on education and protection. The purpose of maintenance is to ensure the healthy growth of children, and maintenance is to provide adult children with the necessary support for the elderly when their parents have no financial income, or when the economic income is not enough to maintain the local minimum living needs.

The difference between maintenance and maintenance is as follows: parents have an obligation to uphold, educate and protect their minor children. Adult children have an obligation to support, support and protect their parents.

For the upbringing and upbringing of the elders to the younger generations, including material and spiritual upbringing and upbringing. Maintenance refers to the obligation of the younger generation who has the obligation to support and support the elders.

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. Article 1059 of the Civil Code of the People's Republic of China: Husbands and wives have the obligation to support each other.

The party in need of maintenance has the right to demand maintenance from the other party if the other party fails to perform the maintenance obligation.

The determination of the relationship of support includes the support of the child to the parents and the support of the younger generation to the elders. Children have the obligation to support their parents, and if the children fail to fulfill their maintenance obligations, parents who are unable to work or have difficulty in living have the right to demand maintenance from their children. Grandchildren who can afford it have the obligation to support their grandparents or maternal grandparents whose children have died.

[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.

Raising is mainly the protection and education of the elders to the younger generations. Supporting each other refers to the obligation of each other to provide living conditions, assist each other, and take care of each other, especially between husband and wife. Maintenance and support are just the opposite, maintenance refers to the financial help and living help of the younger generation to the elders, and the most typical is that the children have the obligation to support their parents.

Article 1127 of the Civil Code states that inheritance shall be carried out in the following order: 1) First order: spouse, children, parents; (2) Second order:

Siblings, grandparents, maternal grandparents. After the succession begins, it is inherited by the first-order heirs, and the second-order heirs do not; If there is no first-order heir, the second-order heir shall inherit. For the purposes of this Part, the term "children" includes legitimate children, illegitimate children, adopted children and dependent stepchildren.

For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship. The term "siblings" as used in this part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.