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If you sue in court for alimony in the name of your grandparents, you will normally have to list several defendants if you have several children. The court allocates the monthly alimony payable to each child according to the actual circumstances. Failure to perform obligations after the court's legal documents take effect.
An application for enforcement may be made to the court's enforcement department. There is no need to pay an enforcement fee to apply for enforcement. However, in the case of civil litigation, you need to pay legal fees.
When the case is filed, the court will give you a power of attorney, and they can authorize a person they trust, lawyers, legal workers, etc. to appear in court on their behalf, collect legal documents, settlements, appeals, and all other rights.
PS: Personally, I don't think you need to find a lawyer. The facts of the case are simple and the facts are clear. There is no need to spend money in vain. Unless, of course, you can't find someone who has the time.
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It is an obligation to support parents, as long as the parents have not abandoned, abused, and now have no ability to work and no life, the children should be supported, if they do not fulfill the obligation of support, they can sue according to law and require the children to bear alimony.
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The only way is to go to court, otherwise there is no way. But your uncle is really not filial.
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You can ask him through legal means, because the children have the obligation to support their parents, and your uncle does not pay living expenses, then you can go to court to sue him in the name of your grandparents, so that the problem can be solved.
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It's supporting parents! Your uncle doesn't give you living expenses, but what about your parents?
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1. Children under the age of two generally live with their mothers. If the mother has any of the following circumstances, she may live with the father:
1) Suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them;
2) There are conditions for raising children who do not fulfill their obligation to support them, and the father requires the child to live with him;
3) The child is unable to live with the mother due to other reasons.
2. Where both parents agree that a child under the age of two lives with the father and there is no adverse impact on the healthy growth of the child, it may be permitted.
3. For children over the age of two years, both the father and the mother request to live with them, and one of the following circumstances may be given priority:
1) Have undergone sterilization or have lost their fertility due to other reasons;
2) The child has lived with the child for a long time, and the change of living environment is obviously detrimental to the healthy growth of the child;
3) There are no other children, and the other party has other children;
4) The child lives with him/her, which is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious disease that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health, and it is not suitable to live with the child.
4. The conditions for the father and the mother to raise the child are basically the same, and both parties require the child to live with the child, but if the child has lived alone with the grandparents for many years, and the grandparents request and have the ability to help the child take care of the grandchild or grandchild, it may be considered as a priority condition for the child to live with the father or mother.
5. In the event of a dispute between the parents over the age of 10 over that a minor child over the age of 10 should live with his or her father, the child's opinion shall be taken into account.
6. On the premise that it is conducive to protecting the interests of the children, where both parents agree to take turns raising the children, it may be permitted.
7. In any of the following circumstances, one party's request to change the child support relationship shall be supported.
1) The parent living with the child is unable to continue to raise the child due to serious illness or disability;
2) The party living with the child does not fulfill the obligation to support the child or abuses the child, or the party living with the child has a negative impact on the child's physical and mental health;
3) Minor children over the age of 10 who are willing to live with another party and who has the ability to support them;
4) There are other legitimate reasons to change.
8. Where both parents agree to change the relationship between the children and raise their children, it shall be permitted.
Please refer to the information on handling child support issues.
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Summary. Dear, hello, I am glad to answer for you, and the answers to your questions are as follows: 1. Parents have the obligation to support minor children or adult children who cannot live independently.
2. Grandparents who can afford it have the obligation to support their minor grandchildren whose parents have died or whose parents are unable to raise them. 3. Older brothers and sisters who can afford it have the obligation to support minor younger brothers and sisters whose parents have died or whose parents are unable to support them.
Dear, brother, I am happy to answer for you, the answers to your questions are as follows: child support issues are 1, parents have the obligation to support minor children or adult children who cannot live independently. 2. Grandparents who can afford it have the obligation to support their minor grandchildren whose parents have died or whose parents are unable to support them.
3. Brothers and sisters who can afford it have the obligation to support minor brothers and sisters whose parents have died or whose parents are unable to raise them.
According to Article 1067 of the Civil Code [Parents' Obligation to Support and Obligation to Support Children] If parents fail to perform their obligation to support, minor children or adult children who cannot 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, who lack the ability to work or who have difficulties in life, have the right to demand maintenance from their adult children. Article 1074: [Obligation to Support and Support Between Grandparents] Grandparents who can afford it have the obligation to support their minor grandchildren whose parents have died or whose parents are unable to support them.
Grandchildren who can afford it have an obligation to support their grandparents or grandparents whose children have died or whose children are unable to support them. Manuscript chain.
His parents are not divorced, but his mother left home, he is outside, only in contact with his eldest daughter, his eldest daughter is in the second year of high school, and only gives his eldest daughter 300 yuan of living expenses every month, and he doesn't care about the other two younger brothers, there is a younger brother You Li who did not study, and a younger brother who is in the first year of junior high school, he does not say divorce, but he does not go home and does not contact his family.
It is possible to prosecute. How will the court decide in such a situation?
Compensation for previous child support.
Compensation according to normal standards.
This is his obligation.
This incident was 4 years ago, 4 years ago he left home and only paid 300 yuan for his eldest daughter.
You have to have proof.
For example, what evidence.
After going to court.
All you need to do is show evidence that the other party is not paying for living expenses.
But it is generally not impossible to present this evidence.
Because I didn't give it, there was no way to prove it.
You let each other. Proof.
Do I need to find a lawyer in this situation?
You can find it. But it's not necessary.
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The inheritance provisions for the inheritance of the estate of adoptive parents and biological parents are: inheritance according to the agreement if there is a bequest and maintenance agreement; If there is no agreement, there is a will, and it will be inherited according to the will; There is neither agreement nor testamentary succession in accordance with the law. Adoptive parents and biological parents can only inherit the property of one of them, because when an adoptive child forms a relationship of support with his or her adoptive parents, the relationship with his or her biological parents is dissolved and he no longer has the right to inherit from his or her biological parents.
Article 1072 of the Civil Code stipulates that there shall be no abuse or discrimination between stepparents and stepchildren. The relationship of rights and obligations between a stepfather or stepmother and a stepchild who has been raised and educated by him shall be governed by the provisions of this Law on the relationship between parents and children.
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Legal Analysis: Custody is given to the father, and the mother still has the obligation to support her.
Legal basis: Civil Code of the People's Republic of China
Article 1084:The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.
After divorce, parents still have the right and obligation to raise, educate and protect their children.
In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of best benefiting the minor child. Where children have reached the age of 8, their true wishes shall be respected.
Article 1085:After marriage, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
The agreement or judgment provided for in the preceding paragraph does not prevent the child from making reasonable demands to either parent in excess of the original amount of the agreement or judgment when necessary.
If the children do not support their parents, the parents can go through the judicial process, such as going to the court, legal aid **12348, which is not within the jurisdiction of the public security, and the police can only mediate, and cannot file a case.
If my parents do not raise my children and do not give me any money, emotion, etc. during their upbringing, and my parents do not raise my children for any reason, then my children do not need to support their parents.
It is slightly more likely to be awarded to the woman.
Does the woman agree to the divorce? Marriage is a process of many years of running-in, and it is irrational to file for divorce after just one year of marriage and children. Marriage is not furniture and appliances, you can buy a new one if you are not satisfied, once the divorce hurts both parties for life, and even if you remarry, it is difficult to heal. >>>More
Legal basis: Civil Code of the People's Republic of China
Article 1058:Husbands and wives equally enjoy the right to raise, educate, and protect their minor children, and jointly bear the obligation to raise, educate, and protect their minor children. >>>More