What if the son does not support the elderly

1. What should I do if my son resolutely refuses to support the elderly.

1. If the son resolutely refuses to support the elderly, the dispute can be handled in the following ways:

1) Negotiate a settlement. On the basis of equality and voluntariness, the parties shall reach a settlement agreement through friendly consultation, mutual understanding and mutual accommodation, and then resolve the dispute.

2) Mediation settlement. Under the auspices of relevant organizations (such as people's mediation committees, neighborhood committees) or intermediaries, on the basis of equality, voluntariness, and legality, distinguish right from wrong, clarify responsibilities, and promote the parties to reach an agreement on their own through presenting facts and reasoning, so as to resolve disputes.

3) Litigation Resolution. Settlement through litigation refers to the fact that one of the parties to the dispute files a lawsuit with the people's court in accordance with the law, and the court hears the case in accordance with the law, makes a judgment or ruling, and resolves the dispute through the parties' conscious performance of the effective judgment or the compulsory enforcement of the people's court.

2. Legal basis: "New Law on the Protection of the Rights and Interests of the Elderly".

Article 73: Where the lawful rights and interests of the elderly are violated, the victim or his or her ** has the right to request that the relevant departments handle it, or to file a lawsuit in the people's court in accordance with law.

Article 75: Where disputes arise between the elderly and their family members over maintenance, support, housing, property, and so forth, they may apply to the people's mediation committee or other relevant organizations for mediation, and may also directly file a lawsuit in the people's courts.

When people's mediation committees or other relevant organizations mediate disputes in the preceding paragraph, they shall resolve conflicts and disputes through methods such as persuasion and counseling; Family members who are at fault shall be given criticism and education.

The people's courts may rule in accordance with law to enforce the elderly's application for recovery of alimony or alimony.

2. What exactly does alimony include?

To calculate the alimony for the elderly, it is first necessary to clarify what expenses are included in the alimony paid. 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. When an elderly person files a lawsuit with the court for a maintenance dispute, the people's court shall determine that the medical expenses that have already been incurred and the relatively certain medical expenses that must be incurred in the future for those who have suffered from some chronic diseases shall be determined to be borne by the supporter as the content of the payment. However, the amount and timing of large medical expenses that may occur in the future are uncertain.

Therefore, it is generally not possible to make a judgment in favor of a claim for a large amount of medical expenses that may be incurred by an elderly person in the future. From the perspective of safeguarding the legitimate rights and interests of the elderly and reducing the burden of litigation on the elderly, this law is feasible.

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.

If the children do not support the elderly, there are the following solutions, namely:

1. You can request the local residents' committee to mediate;

2. You can sue the court to request a judgment and enforce the corresponding maintenance expenses given by the children to the elderly;

3. If the child refuses to support the elderly, the circumstances are serious, and the crime of abandonment may be punished by the criminal law. Children shall respect, love, and support the elderly, and create a good social atmosphere. 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.

Civil Code of the People's Republic of China

Article 1067.

If the parents do not fulfill the obligation to support them, the minor children or adult children who are unable to live independently have the right to demand that the 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.

If the child does not fulfill the obligation to support the child, the parents may mediate through the people's mediation committee of the neighborhood committee or the village committee, or file a lawsuit with the people's court. The judge shall make the child perform the maintenance obligation in accordance with the law through mediation or judgment. If the parents can prove that they are unable to work or have difficulties in living, and the supporter has sufficient financial capacity, they can sue the supporter in court to request the supporter to share the costs related to maintenance.

In our country, children have the obligation to support their parents.

If it is said that as a son is unwilling to support his old man, then this behavior must be an illegal act in law, as an old man, he can go to the court to file a lawsuit and apply for the son must fulfill the obligation of support

If the son does not support the elderly, the community and the volunteer women's federation can communicate and mediate, so that they can recognize their mistakes and assume the obligation to support. If mediation fails, the court may sue and the court will enforce it.

If the son does not support the elderly, the elderly can go to the court to file a lawsuit for the son to support or pay maintenance every month.

It is the obligation of children to support the elderly, no matter what the reason, it is impossible to say that they do not support their parents, and the elderly can go to the court to sue and seek legal help.

Family problems are best resolved through negotiation at home. If you really can't negotiate it, then you can only go through the legal route. If a father files a lawsuit against his son who does not support him, he will win 100% of the time.

Parents can sue their sons. It is only natural for a son to support his parents. There is legal responsibility.

If the son does not support the elderly, then the old man can use the law to protect the rights and interests of the elderly.

If mediation fails, go to court and sue him, and the law will help the old man get justice.

The old man can take up the law and order the son to take on the obligation to support his parents.

The elderly may mediate through the people's mediation committee of the neighborhood committee or village committee, or file a lawsuit with the people's court to demand that the son bear the obligation of support.

Article 261 of the Criminal Law of the People's Republic of China: The crime of abandonmentWhere an old, young, sick, or other person who lacks the ability to live independently, who has an obligation to support but refuses to do so, and the circumstances are heinous, is to be sentenced to up to five years imprisonment, short-term detention, or controlled release.

Article 14 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the ElderlyThe 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.

Extended Resources:

1. The supporter shall not refuse to perform the maintenance obligation on the grounds of renunciation of inheritance rights, changes in the marital relationship of the dependents or other reasons.

2. If the supporter fails to perform the maintenance obligation, the supported person has the right to request the supporter to pay alimony.

3. If the supporter fails to pay alimony and jointly share expenses, in addition to paying alimony and jointly sharing expenses, he shall also pay liquidated damages according to 1% of the amount of alimony and jointly shared expenses that should be paid. Litigation costs, attorney fees, transportation expenses, and caregiver expenses incurred due to the supporter's non-performance of this agreement shall be borne by the supporter in breach of contract.

4. If the supporter does not fulfill the obligation of support, he or she shall receive less or no share when inheriting the inheritance.

5. If some supporters fail to perform their obligations, and the other supporters continue to perform the obligations stipulated in the maintenance agreement in the order of seniority and youngness from the next order of the supporters who do not fulfill their maintenance obligations, no supporter shall use this as a reason for his or her failure to perform his obligations.

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.

Criminal Law of the People's Republic of China.

Law of the People's Republic of China on the Protection of the Rights and Interests of the

This can be reported to the police and dealt with according to the law.

For this problem, you can first communicate and resolve the problem with the help of the neighborhood committee or pension association, if it still can't be solved, then it can only be solved through legal means.

Community workers can be enlisted. For the problem of non-support of children, they can seek the help of community workers, criticize and educate the children, and the community assists in supervision.

If you can't solve things that cannot be solved by reasoning and mediation, you can only solve your own problems through legal channels, and use the law to make decisions and support yourself.

I think that if the elderly really encounter their children who do not support themselves, they should stop thinking about leaving anything for their children, and pay their own money to find a nanny in exchange for their happiness in their old age, no matter whether the nanny is good or not, at least it is much better than no one to serve themselves.

In fact, when people are old, if their children do not support the elderly, in the case of their own conditions, it is okay to go to the nursing home for the elderly, although the nursing home has this or that problem, but he believes that with the gradual improvement of the system, the nursing home will be better and better in the future.

When people are old, if their children do not want to support our elderly, our old people should not be sad and sad, always remember a sentence: "no one is inseparable from whom", so more often, that is, the mentality of our elderly must be positive and sunny, people often say: "all roads lead to Rome" is this meaning, really find our own way of providing for the elderly, and we will live happily and happily in old age!

What should be done if the son does not support the elderly? If the child must not support the elderly. Then there is only a judicial process.

The child can be charged with abandonment. It is a matter of course for children to support the elderly. It's the same as when a child is young, he also needs to be raised by his parents.

Whether it is a parent's obligation to raise a young child, or a child's adult child to support his or her parents, it is each other's obligations. Whoever is unwilling to fulfill this obligation is guilty of desertion. When the children or parents are not able to live completely on their own, they do not care about them.

It is not only a moral degradation, but also a violation of the regulations stipulated by the country's criminal law. As for the seriousness of the circumstances, it is up to the judge to deal with it at his discretion in accordance with the law. Therefore, if the son does not support the elderly, he should be punished by the law.

It is also a warning to those who are also unwilling to support the elderly.

The first is to find someone to coordinate, you can ask the elders in the family, or you can find the local village committee or community, or the local mediation committee for mediation.

The second is to sue the son, and the maintenance lawsuit can apply for legal aid.

Village (neighborhood) committees or people's mediation committees may be requested to conduct mediation, and lawsuits may also be filed in the people's courts. Elderly people can apply for legal aid from the local legal aid center for recourse maintenance.

It's a tough thing to deal with. When he is old, his son does not support the elderly, and the old man just finds the neighborhood office or village committee. The neighborhood office or village committee can only mediate, and if the old man wants to sue his son, many procedures in the court are enough for your old man to trouble.

In the case of a son who does not support the elderly, as an elderly person, he can seek judicial help, because it is the obligation of every child to support the elderly, so if the son does not support his parents, the parents can seek local community workers or judicial help.

First of all, the children have the legal obligation to support the elderly. You can first go to the two parties to communicate and negotiate about the maintenance plan. (Relatives and neighborhood committees can participate), if the communication is fruitless and the children are still unwilling to support, it is recommended to take legal channels, and everyone has the right to protect their own rights and interests.

Since the children don't remember the nurturing grace of the elderly, why are they afraid of Bo Gonggong?

If the elderly are not willing to take the legal route, they can only take the money to support themselves. (You can hire a nanny, a caregiver or live in a nursing home), but if you don't have the financial strength, you can only go through the legal process.

The son does not support the elderly, the old man can send it to the court to sue him, the smallest judgment also has to take the pension, or you can support the old man through negotiation, raising such a son, the old man is really sad! When the old man reaches old age, there is no one to support him, and it is really pitiful.

If the son does not support the elderly, the social committee and other such groups may first criticize and educate them, and those who refuse to perform may be resolved through litigation, and those who are heinous and constitute a crime shall be investigated for criminal responsibility in accordance with law.

The elderly can first go to the community or village committee to ask for help, and if they can't reach a consensus, then they have to go to court to file a lawsuit.

In the city, you can first go to the community to ask for mediation, and in the countryside, you can first ask the village committee for coordination, and if the coordination fails, then the court will sue the son.

It is the duty of a child to support his parents, and if he does not fulfill his maintenance obligation, he can go to court to sue for enforcement.

If the son does not support the elderly, the village or the neighborhood committee can organize mediation, and if it fails, he can go to the court to file a lawsuit.

You can find the community neighborhood committee or village committee for adjustment, and if the adjustment fails, you can take legal channels.

First find the village (community) for mediation, and if you still have the fruit, you can go to the local court to file a complaint, so that the law can protect your legitimate rights and interests.

If the son does not support the elderly, he can seek help from community workers to criticize and educate the children, and the community can assist in supervision. A civil lawsuit may also be filed. If the elderly do not fulfill their obligation to support their children, they can also entrust a lawyer to file a lawsuit with the court.

If the supporter fails to perform the maintenance obligation, the elderly person has the right to demand maintenance from the supporter. Criminal liability may also be pursued. Where an old, young, sick, or other person who lacks the ability to live independently, who has an obligation to support but refuses to do so, and the circumstances are heinous, is to be sentenced to up to five years imprisonment, short-term detention, or controlled release.

A child who does not fulfill his or her maintenance obligations may be guilty of desertion.