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What are the main obligations of children to support their parents?
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The supporter 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.
Dependents refer to the children of the elderly and other persons who are legally responsible. The spouse of the supporter shall assist the supporter in fulfilling the maintenance obligation.
The caregiver shall provide medical expenses and nursing care for the sick elderly. The supporter must not refuse to perform the maintenance obligation on the grounds of waiver or other reasons.
If the supporter fails to fulfill the maintenance obligation, the elderly person has the right to demand that the supporter pay maintenance. The caregiver shall not require the elderly to undertake work beyond their means.
The supporter shall make proper arrangements for the housing of the elderly, and shall not force the elderly to move to houses with poor conditions. Children or other relatives must not encroach on the housing owned or rented by the elderly, and must not change the property rights or lease relationship without authorization. The caregiver has the obligation to maintain the housing owned by the elderly.
The supporter is obliged to cultivate the fields contracted by the elderly, take care of the elderly's forests and livestock, etc., and the proceeds belong to the elderly.
Older persons and their spouses have an obligation to support each other. Where a younger brother or sister who is supported by an older brother or sister reaches adulthood and is able to afford it, he or she has an obligation to support the elder brother or sister who is old and has no support.
Dependents may enter into an agreement between themselves on the performance of their maintenance obligations and obtain the consent of the elderly. The residents' committee, villagers' committee, or the organization to which the supporter belongs supervises the performance of the agreement. The maintenance obligation of the supporter is not eliminated by changes in the elderly.
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Analysis of the law and law: 1. The obligation to provide financial support, life care and spiritual comfort to the elderly should be fulfilled; 2. Medical expenses and nursing care shall be provided for the elderly who are sick; 3. Housing for the elderly shall be properly arranged, and the elderly shall not be forced to move to houses with poor conditions.
Legal basis: Civil Code of the People's Republic of China
Article 26: Parents have the obligation to raise, educate, and protect their minor children. Adult children have the obligation to support, support and protect their parents.
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 do not fulfill their obligation to support their adult children, or whose parents lack the ability to work or have difficulties in living, have the right to demand alimony from their adult children.
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1. Maintenance refers to the material and economic provision of the necessary living conditions for the children to their parents; Support refers to the care, help and care of children for their parents in spirit and life.
2. It is the responsibility of children to the family and society to fulfill the obligation of support and support to their parents.
3. As supporters, children 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. Both sons and daughters have the obligation to support their parents, and married women have the obligation and right to support their parents.
4. Children who have financial ability should be supported by their parents who have lost their ability to work and are unable to maintain their livelihoods. For parents who do not live together, a certain amount of maintenance should be paid according to the actual living needs of the parents and the ability of the children to afford it. The cost of maintenance is generally not lower than the child's own or local ordinary standard of living, and if there are two or more children, the maintenance expenses may be jointly borne according to different economic conditions.
Children with better economic conditions should consciously and voluntarily assume greater responsibilities. Dependents may also enter into an agreement between themselves on the performance of maintenance obligations and obtain the consent of the elderly. The residents' committee, villagers' committee, or the unit to which the supporter belongs supervises the performance of the agreement.
1. What should I do if my children don't support the elderly?
The child fulfills the obligation of support to his or her parents, which means that the child provides the necessary living conditions for the parents materially and economically;
As supporters, children 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.
Both sons and daughters have an obligation to support their parents. 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.
Consultations may be held with the children on the issue of maintenance or through the neighborhood committee or village committee, and if the negotiation fails, a lawsuit may be filed with the court.
2. What is the standard of alimony with a pension?
There is a standard for pension alimony, which is not clearly defined by law. If the parents' pension is sufficient for the parents to live, the children may not pay alimony, and if they do not pay alimony, the adoptive parents shall also perform their obligations to take care of their parents in their daily life and provide spiritual comfort, and take care of the special needs of the elderly. According to Article 14 of the Law on the Protection of the Rights and Interests of the Elderly, the supporter 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.
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.
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Legal Analysis: The maintenance obligations of children specifically include:
1. Material support for parents.
2. Support for parents in daily life.
3. Give spiritual comfort to parents.
Parents have a duty to upbring, educate and protect their minor children. Adult children have an obligation to their parents to support, support and protect them.
Legal basis: 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.
Chapter II of the Constitution of the People's Republic of China: Basic Rights and Duties of Citizens. >>>More
Yes. It is the duty of the child to support his parents, and both sons and daughters have this obligation. Article 21 of the Marriage Law of the People's Republic of China stipulates: >>>More
The following obligations apply:
1.Provide basic livelihood support. Specifically, it includes taking care of the daily life of the dependent, providing medical expenses and nursing care when the dependent is sick, and making proper arrangements for the housing of the elderly. >>>More
Parents have the obligation to educate and support adult children under the following circumstances: 1. Loss of ability to work or partial loss of ability to work, 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.
Unmarried children should take care of their parents, go to see their parents when they have free time, usually give their parents some small gifts, the important thing is not to let parents bother so much, because parents feel that we are still children, and will give us all kinds of guidance, we must make parents worry.