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Purely in terms of age, according to the current regulations, when parents reach the age of 60, their children will have to pay alimony. Of course, parents can also not ask their children for support. However, even if the parents do not ask for it, if the parents do not have a living**, then the children still have to take the initiative to support their parents.
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1. If the parents are unable to work or have difficulties in living, the children shall pay alimony, there is no age limit, and the alimony shall be calculated according to the following method.
2. The calculation of alimony first calculates the per capita monthly income of the child's family, and when the child's per capita monthly income is lower than the minimum subsistence support line, it is deemed that the child is unable to provide alimony to his parents, and when the per capita monthly income of the child's family is higher than the minimum subsistence support line, the excess part shall be calculated at 50% for the two children; For more than three children, alimony payable is calculated at 40 per cent and the alimony payable is divided by the number of dependents to arrive at the alimony payable to each dependent.
3. The criteria for the people's court to determine alimony include: the local economic level, the actual needs of the dependent, and the economic capacity of the supporter.
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When the parents lose the ability to work and have no income, they need their children to give alimony, this age is considered according to the reality, it may be 50 years old, it may be 60 years old, and your parents need support when they have no way to live.
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If the parents have a pension, some of them earn more than their children, so they do not need to pay alimony, and if they are not in good health and do not have a pension, the children have to bear the medical expenses and living expenses of their parents, which are not determined by age, but by consumption.
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If the parents have no income** or have limited mobility and need to be taken care of, the children should give alimony, if they live with the children, they have food and clothing to buy, it doesn't matter if they give it or not, just give some pocket money occasionally. Or the parents offer their children alimony, and the children can also give it according to their own conditions.
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There are no specific rules for this.
Generally, the parents have passed the retirement age or lost the ability to work.
All children shall support their parents.
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In fact, good parenting is based on personal ability, if you have the ability, although the parents say that they are very young, but they are no longer able to support themselves, then this situation must rely on their own children to support themselves.
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In fact, there should be no specific age for this, and many parents will not use their children to raise them if they can do it.
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There is no law for children to pay alimony to their parents, but children have the obligation to support their parents, and it is not the key to have more or less money, but to take care of their parents, eat and clothe themselves, and be healthy.
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The question of child maintenance for parents depends on the financial situation of the parents and the financial situation of the individual, and the moment when they need it is the best time.
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This still depends on the physical state, if you have lost the ability to work, you should be.
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In general, the father reaches the age of 60 and the mother reaches the age of 55 to declare alimony. Because the father reaches the age of 60 and the mother reaches the age of 55, the parent who is unable to work or has difficulty in living has the right to demand alimony from the child.
Legal basisArticle 22 of the Interim Measures for Special Additional Deduction of Individual Income Tax shall be deducted in accordance with the following standards for the maintenance expenses of taxpayers who support one or more dependents:
1) If the taxpayer is an only child, the deduction shall be based on the standard fixed amount of 2,000 yuan per month;
2) If the taxpayer is not an only child, the deduction amount of 2,000 yuan per month shall be shared between the taxpayer and his siblings, and the amount shared by each person shall not exceed 1,000 yuan per month. It may be shared equally or agreed by the dependents, or it may be designated by the dependents. Where apportionment is agreed upon or specified, a written apportionment agreement must be signed, and the designated apportionment takes precedence over the agreed apportionment.
The specific apportionment method and amount cannot be changed within a tax year.
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Legal analysis: people over the age of 60 are elderly, for the elderly in financial difficulties, their children as the support obligor should pay medical expenses and other expenses, at the same time for the life can not take care of themselves, should be taken care of, can not take care of themselves, should be entrusted to others to take care of the elderly, therefore, children to pay alimony to their parents should generally have two conditions: a, the parents have reached the age of 60.
b. Parents are in financial difficulty. For parents who are not in financial difficulty, their children shall also perform the legal obligation of daily care and spiritual comfort, and take care of the special needs of the elderly, and children who do not live with the elderly shall return home regularly to visit the elderly. This is what is called "going home and seeing the law".
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.
Legal basis: Article 14 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly: Supporters 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. 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 15 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly: Caregivers shall ensure that the sick elderly receive timely access and care; For the elderly who have financial difficulties, medical expenses shall be provided. For the elderly who are unable to take care of themselves, the caregiver shall bear the responsibility of care; Where they cannot take care of them in person, they may entrust others or elderly care establishments to take care of them in accordance with the wishes of the elderly.
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Legal analysis: 60 years old. Generally, after the age of 60, you are an elderly person and can declare alimony.
Persons over the age of 60 are elderly, and for those who are financially disadvantaged, their children, as the obligors of support, shall pay medical expenses and other expenses, and at the same time shall take care of those who are unable to take care of themselves. Children have an obligation to support their parents, and parents who are unable to work or who are in difficulty in living have the right to demand maintenance from their children.
Legal basis: Article 1067 of the Civil Code of the People's Republic of China? 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.
China's marriage law stipulates that children have the obligation to support their parents, and parents who are unable to work or have difficulties in living have the right to demand alimony from their children. Inability to work generally means that the father has reached the age of 60 and the mother has reached the age of 55. >>>More
China's marriage law stipulates that children have the obligation to support their parents, and parents who are unable to work or have difficulties in living have the right to demand alimony from their children. Inability to work generally means that the father has reached the age of 60 and the mother has reached the age of 55. >>>More
Disputes over the amount of alimony can be resolved through mediation or litigation. According to the Marriage Law of the People's Republic of China, "parents have the obligation to raise and educate their children; Children have an obligation to support their parents". >>>More
The Constitution of the People's Republic of China, the Marriage Law of the People's Republic of China, and other laws and administrative regulations do not make specific provisions on the declaration of severance of parent-child relations. >>>More
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. >>>More