How to fight a lawsuit over the family s children supporting the elderly

This is a civil lawsuit, which requires the elderly to sue in court either themselves or by entrusting others.

The Constitution stipulates that adult children have the obligation to support their parents. China's Marriage Law also stipulates that children have the obligation to support their parents, and when the children fail to fulfill their maintenance obligations, parents who are unable to work or have difficulties in living have the right to demand alimony from their children.

The main content of maintenance and support means that under the existing economic and social conditions, children should financially provide their parents with necessary daily necessities and expenses, and should respect, care and take care of their parents in life, spiritually and emotionally.

Adult children who can afford it, regardless of gender, married or unmarried, shall make every effort in accordance with the law to fulfil this obligation until the death of their parents when their parents need support.

The obligation of a child to support his or her parents occurs not only between a legitimate child and his or her parents, but also between an illegitimate child and his or her biological parents, between an adopted child and his or her adoptive parents, and between a stepchild and a stepparent who has fulfilled the obligation of support and education.

In order to protect the legitimate rights and interests of dependents, the Marriage Law stipulates that when a child fails to perform the obligation of support, parents who are unable to work or who have difficulties in living have the right to demand maintenance from their children. Those who refuse to perform may be resolved through litigation, and where the circumstances are heinous and constitute a crime, their criminal responsibility is to be pursued in accordance with law.

A family, one heart, and it is natural to support the elderly, but they also have to file a lawsuit, which is too unfilial!

The children of the elderly, everyone gets along in harmony, and there is not much difference between more and less. In life, why bother so much!

Safe, healthy and happy every day! Hahaha!

Respecting the elderly and caring for the young is the traditional virtue of the Chinese nation, and it is the responsibility of children to support the elderly. When our parents raised us young, we should raise them old. It is really a loss of face for children to have to fight a lawsuit to support the elderly.

Don't go to court against you, or your neighbors will laugh at you behind your back. Of course, if you are sure to file a lawsuit, you can go to the court to find a lawyer, and the lawyer will help you.

For this, it is better to hire a lawyer, the lawyer is more experienced.

Seek help from a lawyer at a law firm. The lawyer is professional, experienced, conscientious and responsible.

Legal Analysis: Adult children have the obligation to support and support their parents, and the elderly mainly rely on the family for the elderly, and family members should care for and take care of the elderly.

Legal basis: Civil Code of the People's Republic of China Article 1060 Article 7 Where parents fail to perform their obligation to support them, minor children or adult children who cannot live independently have the right to demand that their parents pay child support. Parents who lack the ability to work or have difficulties in living have the right to demand alimony from their adult children.

What is the procedure for litigating disputes over the maintenance of the elderly?

The answer to this question is as follows:

In the event of a dispute, it is recommended that both parties negotiate and deal with it first; If you really can't negotiate, you can go to the court to sue to protect your rights.

Litigation generally involves the following procedures:

1) Write a good indictment;

2) Bring evidence and indictment to the court to file a case and pay the litigation fee;

3) The trial process of the court mainly includes: reading out the legal discipline, opening remarks, asking whether to recuse himself, whether the materials have been received, the court investigation stage (including the plaintiff's statement, the defendant's defense, the plaintiff's evidence, the defendant's cross-examination, the defendant's evidence, the plaintiff's cross-examination, and the judge's questioning), the courtroom debate stage, the final statement stage, the checking of the record after leaving the courtroom, and the announcement of the judgment.

Among them, the more important ones are the court investigation and court debate stage. At the court investigation stage, it is more important to cross-examine the evidence. During the debate stage, the parties may elaborate their own views around the focus of the case and fully exercise their right to defense.

After the conclusion of the court debate, the mediation is conducted under the auspices of the judge, and the parties may voluntarily reach a mediation agreement, and if a mediation agreement cannot be reached, the judge shall make a ruling.

4) Enforcement of judgments. If the losing party does not take the initiative to perform the obligations determined in the effective judgment documents, the winning party may apply for compulsory enforcement in accordance with the law.

Legal Analysis: Yes, adult children have the obligation to support and support their parents, and the elderly mainly rely on the family for the elderly, and family members should care for and take care of the elderly.

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. Reputation.

The way in which the maintenance lawsuit for the elderly is conducted:

1. Prepare the complaint and related evidence materials.

2. Filing a lawsuit with the people's court with jurisdiction.

3. After submitting the complaint and other relevant materials, the people's court will let it be used for review, and if the conditions for filing the case are met, the court will file the case.

4. Conduct a trial. The specific procedures include the party's application for recusal; Submit evidence and conduct cross-examination; The parties make a defense; The court heard the case.

5. The people's court shall make a corresponding judgment on the basis of the facts and reasons stated by the parties and the evidence submitted.

Civil Procedure Law of the People's Republic of China

Article 123.

A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants.

Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.

Civil Procedure Law of the People's Republic of China

Article 144.

Arguments in court proceeded in the following order:

1) The plaintiff and his litigant speak out;

2) The defendant and his litigant's defense;

3) The third party and their litigants make a speech or defense;

4) Debate with each other.

At the conclusion of courtroom debate, the presiding judge or a single adjudicator is to solicit the final opinions of all parties in the order of the plaintiff, defendant, and third party.

The plaintiff in the lawsuit needs to draft the complaint, go to the court filing hall to pay the litigation fee in advance, and at the same time need to submit relevant evidence materials to prove his claim. In the case of a civil dispute brought by the parties to the people's court, where mediation is appropriate, mediation shall be carried out first, except where the parties refuse to mediate. Article 119 of the Civil Procedure Law A lawsuit must meet the following conditions:

1) The plaintiff is a public citizen, legal person, or other organization that has a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It falls within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Article 15 of the Law on the Protection of the Rights and Interests of the Elderly The supporter shall ensure that the sick elderly receive timely care 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.

This case is a dispute over the payment of alimony. The plaintiff should be the grandmother, although only the sister-in-law was sued, but the other children of the grandmother have support for the grandmother, so they should participate in the lawsuit as co-defendants. Your mother-in-law is a co-defendant.

In the absence of the accused, the court may try in absentia.

Supporting one's parents is a traditional virtue in our country and is everyone's obligation. In court, your mother-in-law can ask how she fulfills her maintenance obligations, either by action or with money, but only paying money does not exempt family affection. If the mother-in-law is unable to support her, her heirs can fulfill the obligation to support her parents on her behalf.