Alimony standards 2020, alimony standards 2022 state regulations

First, the per capita monthly income of the child's family is calculated When the per capita monthly income of a child is below 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.

Parental support in 2020 cannot be lower than the following standards, including 6 expenses.

China's law stipulates that adult children have the obligation to support their parents, so how to calculate the latest alimony standard for the elderly in 2019? In this regard, the legal think tank has sorted out the relevant legal content for you to check and understand, let's find out!

The latest alimony standards for the elderly.

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.

How to calculate alimony for the elderly.

The above fee calculation standards and bases are as follows:

1) The basic alimony for the elderly may be calculated by setting the per capita consumption expenditure of residents in each region and the subsistence allowance allowance in each locality, and combining the proportion of the dependent's income of about 20%. If the amount is higher or lower than the upper or lower limit, the upper or lower limit shall be used as the alimony standard.

2) The medical expenses incurred by the elderly when they are sick shall be included in the alimony according to the amount of the bills of the medical department, except for the insurance claim;

3) If the child is unable to take care of himself due to illness or old age and infirmity, the cost of nursing care shall be included in the alimony payment, and this cost will be calculated according to the certificate of the relevant pension institution or the standard of local general employees;

Of course, both the content of alimony and its calculation standard are relatively and not absolute. When determining the content and calculation standard of alimony, it is necessary to consider both the necessity of the needs of the right holder and the possibility of the obligor's affordability, and comprehensively balance the interests of all parties under the premise of fully protecting the legitimacy of the elderly.

For the standard calculation of alimony for the elderly, the following points are usually included:

1. The people's court ruled that the standard of alimony shall be determined according to the local economic level, the actual needs of the dependents and the financial capacity of the dependents.

2. Compensation standard: First, calculate the monthly per capita income of the child's family. If a child's average monthly income is below the subsistence minimum, the child is considered unable to provide maintenance to his or her parents.

When the monthly per capita income of a family with one child is higher than the subsistence subsistence threshold, the alimony for a person with two or more children will be calculated as 50%; Child support for more than three children accounts for 40 per cent. The amount of maintenance payable divided by the number of dependents is the amount of maintenance for the dependents.

3.Alimony payment standard: If the actual payment amount is higher than the above calculation standard, it will be calculated based on the actual payment amount; If the actual payment amount is less than the above calculation criteria, it will be calculated according to the above calculation criteria.

The standards for alimony for the elderly in 2021 are as follows:

1. The basic alimony for the elderly can be calculated by setting the per capita consumption expenditure of residents in various places and the subsistence allowance subsidy in various places, and calculating it in combination with the proportion of about 20% of the dependent's income.

2. The medical expenses incurred by the elderly when they are sick, except for the insurance claim, the rest of the expenses should be included in the alimony according to the bill amount of the medical department;

3. If the children are unable to take care of themselves due to illness or old age and infirmity, the nursing expenses shall be included in the alimony payment, and this cost will be calculated according to the certificate of the relevant pension institution or the standard of local general employees;

4. The maintenance content should also be calculated on the basis of the corresponding expenditure invoices.

When determining the content and calculation standard of alimony, it is necessary to consider both the necessity of the needs of the right holder and the possibility of the obligor's affordability, and comprehensively balance the interests of all parties under the premise of fully protecting the legitimacy of the elderly.

[Legal basis].

Article 14 of the Law on the Protection of the Rights and Interests of the Elderly: Supporters have the obligation to cultivate the fields contracted by the elderly, take care of the forests and livestock of the elderly, and the proceeds belong to the elderly. Article 15: Supporters must not refuse to perform their maintenance obligations on the grounds of renunciation of inheritance rights 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. Article 11: Supporters shall perform 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 23 Where the elderly in urban areas are unable to work, have no livelihood, or have no supporters or supporters, or their supporters and supporters truly lack the ability to support or support, the local people shall give relief.

If the elderly in rural areas are unable to work, have no livelihood, have no supporters and supporters, or their supporters and supporters do not have the ability to support or support, the rural collective economic organizations shall bear the five guarantees of food, clothing, housing, medical care, and burial, and the people of townships, ethnic townships, and towns shall be responsible for organizing and implementing them.

The basic alimony for the elderly can be calculated by setting the per capita consumption expenditure of local residents and the subsistence allowance in each locality, and combining the proportion of about 20% of the dependent's income. If the amount is higher or lower than the upper or lower limit, the upper or lower limit shall be used as the alimony standard.

If the children are unable to take care of themselves due to illness or old age and infirmity, the nursing expenses shall be calculated in the alimony, and this cost will be calculated according to the certificate of the relevant pension institution or the standard of local general employees.