What is the legal standard of alimony for the elderly?

According to the Marriage Law of the People's Republic of China[1], "parents have the obligation to raise and educate their children; Children have an obligation to support their parents". If the per capita monthly income of the dependent's or the dependent's family is lower than the minimum subsistence line, the maintenance or maintenance expenses to be borne by the person with the support or support obligation shall be calculated according to the following method:

Calculation of alimony. 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 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.

The content of alimony payment is divided into six aspects:

1) Basic alimony for the elderly;

2) Sickness expenses for the elderly;

3) The cost of care for the elderly who are unable to take care of themselves;

4) Housing expenses for the elderly;

5) Necessary expenditures for mental consumption;

6) Necessary insurance premiums.

The standard of alimony for the elderly stipulates:

1. If the child's income is lower than the minimum living guarantee or he is unable to work, he or she is deemed to be incapable of supporting and does not need to pay alimony;

2. Those who have the ability to support are calculated according to their income and the local minimum living standard;

3. If there are multiple children, the alimony shall be distributed equally.

[Legal basis].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.

Article 18. Family members shall care about the spiritual needs of the elderly, and must not ignore or neglect the elderly. Family members who live separately from the elderly shall frequently visit or greet the elderly. The employer shall, in accordance with the relevant provisions of the State, guarantee the right of the supporter to take leave for family visits.

Legal Analysis: The criteria for the people's court to determine alimony include: the local economic level, the actual needs of the dependent, and the financial capacity of the supporter.

It is a legal obligation of children to provide for their elderly. According to the law, parents who do not fulfill their obligation to support their adult children, who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.

Legal basis: Article 1067 of the Civil Code of the People's Republic of China Where parents fail to 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.