What are the standards and conditions for the payment of alimony, and what are the standards and con

The standards and conditions for the payment of alimony are as follows:

The alimony payment rates are as follows:

1. Calculate 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 allowance, it is deemed that the child is unable to provide alimony to the parents;

2. 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;

3. If there are more than three children, the alimony shall be calculated at 40%. The alimony payable is divided by the number of dependents to arrive at the alimony paid to each dependent.

The conditions for the payment of alimony are as follows:

1. The child must be at least 18 years old;

2. The child has the ability to support;

3. Parents who are unable to work or have difficulties in living. General alimony is paid after the parents reach the age of 60. Adult children are required to provide their parents with the necessary living conditions, both materially and spiritually, and to take care of the special needs of the elderly.

It mainly includes the clothing, food and daily expenses that the elderly will inevitably incur. 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.

Legal analysisThe so-called maintenance mainly refers to the act of providing necessary daily necessities and expenses for parents economically, that is, assuming certain economic responsibilities, providing necessary economic help, and giving reasonable material requirements. Once a child reaches adulthood, he or she is free from the protection of parental authority, parents and children no longer enjoy parental authority, and the legal relationship of identity between parents and adult children is transformed into a legal relationship of kinship. The right of kinship refers to the basic right of identity between close relatives other than spouses, minor children and parents, indicating that these relatives are relatives of each other, and the interests of their status are exclusively enjoyed and controlled, and no one else can infringe on their obligations.

The legal relationship of kinship between parents and adult children places particular emphasis on the obligations of adult children to their parents, i.e., the obligations of support, support and protection. This is the main element of the legal relationship of kinship between parents and adult children, and adult children are bound to assume such obligations. Where, in the course of raising a child, some of their general wrongdoing has caused psychological harm to the child, the child shall conscientiously perform the obligation to support the elderly parents after the child reaches adulthood.

However, if a parent commits a crime that seriously harms the feelings and physical and mental health of the child, in principle, he or she loses the right to demand support from the victim. These circumstances include: a parent who commits the crime of killing a child, a father who rapes his daughter, a parent who commits the crime of abuse or abandonment of a child, etc.

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.

Legal basisArticle 26 of the Civil Code of the People's Republic of China Parents have the obligation to raise, educate and protect their minor children. Adult children have an obligation to their parents to support, support and protect them.

The standard and conditions for the payment of alimony are based on the local economic level, the actual needs of the dependent, and the financial capacity of the supporter.

The main contents of alimony payment are:

1. The basic alimony for the elderly mainly includes the clothing, food and daily expenses that the elderly will inevitably incur;

2. The sickness expenses of the elderly, the medical expenses that have been incurred and the relatively certain drug expenses that must be spent in the future for some chronic diseases, shall be determined as the content of the payment and borne by the supporter;

3. If the elderly are unable to take care of themselves, their children have the obligation to take care of their basic life, but when they are unable to do it for some reason, the relevant expenses incurred by the individual or the pension institution shall be paid by the children;

4. For the housing expenses of the elderly, the supporter has the obligation to properly resettle the housing of the elderly, and if there is no house for the elderly to live in and the elderly have no self-housing, the reasonable rent shall be included in the alimony;

5. The necessary insurance costs, in addition to social security, the necessary medical and other insurance expenses for the elderly should also be maintenance expenses, insurance not only provides maximum protection for the elderly, but also shares a great risk for the children.

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.

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 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.

1. What are the conditions for the payment of alimony?

1. The conditions for the payment of alimony are as follows:

1. The child must be at least 18 years old;

2. The child has the ability to support;

3. Parents who are unable to work or have difficulties in living. General alimony is paid after the parents reach the age of 60. Adult children are expected to provide the necessary living conditions for their parents, both materially and spiritually, and to take care of the special needs of the elderly.

2. Legal basis: Article 1085 of the Civil Code of the People's Republic of China.

After the divorce, if the 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 quickly discussed by the two 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 a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1086.

After the divorce, the parent who does not directly raise the child has the right to visit the child, and the other parent has the obligation to assist.

The method and time of exercising visitation rights are to be agreed upon by the parties; If the agreement is not reached, the people's court shall make a judgment.

Where a parent's visit to a child is detrimental to the child's physical and psychological health, the people's court is to suspend the visit in accordance with law; Visits shall be resumed after the reason for the suspension has disappeared.

2. What are the contents of alimony?

1. Basic alimony for the elderly;

2. Sickness expenses for the elderly;

3. The nursing expenses of the elderly who cannot take care of themselves;

4. Housing expenses for the elderly;

5. Necessary mental consumption expenditures;

6. Necessary insurance costs.

The criteria and conditions for alimony are as follows: First, the per capita monthly income of the child's family is calculated, and when the child's per capita monthly income is lower than the minimum subsistence threshold, the child is deemed to be unable to provide alimony to the 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. The criteria for determining alimony by the people's court include: the local economic level, the actual needs of the dependent, and the financial capacity of the supporter.

Article 1067 of the Civil Code of the People's Republic of China [Parents' Obligation to Support and Obligation to Support Children] Where parents do not perform their obligation to support, minor children or adult children who cannot live independently have the right to request their parents to 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 living, have the right to demand that their adult children pay alimony. Infant drowning, infant abandonment and other acts of infant mutilation are prohibited.