-
Anonymous users2024-02-12The main legal provisions for children to support their parents are as follows:
1. Adult children have the responsibility to support their parents who lack the ability to work or have difficulties in life;
2. If an adult child has the ability to perform the obligation of support but fails to do so, the parents who are unable to work or have difficulties in living may request the adult child to pay alimony;
3. The obligation of adult children to support their parents is not extinguished by the marital status of their parents.
Civil Code of the People's Republic of China
Article 1067.
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. Article 1069.
Children shall respect their parents' marital rights and must not interfere with their parents' divorce, remarriage, or life after marriage. A child's obligation to support his or her parents does not end when there is a change in the marital relationship between the parents.
-
Anonymous users2024-02-11The legal provisions for children to support the elderly are: 1. Article 21 of the Marriage Law stipulates that parents have the obligation to raise and educate their children; Children have an obligation to support their parents.
If the parents fail to fulfill the obligation to support them, the child who is a minor or who is unable to live independently has the right to demand maintenance from the parents. In the event that a child fails to fulfill his or her maintenance obligations, the parent who is unable to work or who is in difficulty in living has the right to demand maintenance from the child. 2. Law on the Protection of the Rights and Interests of the Elderly
-
Anonymous users2024-02-10The law on child support for the elderly stipulates that parents who do not fulfill their obligation to support adult children, who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children. Where parents have more than one child, they shall jointly bear the obligation to support and support their parents; The amount of each child's obligations shall be negotiated on the basis of each child's living and economic conditions.
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 the event that a child fails to fulfill his or her maintenance obligations, the parent who is unable to work or who is in difficulty in living has the right to demand maintenance from the child. 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.
Legal basisArticle 14 of the Law on the Protection of the Rights and Interests of the Elderly.
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.
The spouse of the supporter shall assist the supporter in fulfilling the maintenance obligation.
Article 15. The caregiver shall ensure that the sick elderly receive timely ** 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.
Where the children do not support the elderly, or the parents lack the ability to work or have difficulties in living, they may request the adult children to pay alimony. If the case refuses to support a person who is old, young, sick or otherwise incapable of independent living, and the circumstances are heinous, it may constitute the crime of abandonment and shall be sentenced to fixed-term imprisonment of not more than five years, short-term detention or controlled release. >>>More
If the child does not fulfill the obligation to support the child, the parents may mediate through the people's mediation committee of the neighborhood committee or the village committee, or file a lawsuit with the people's court. The judge shall make the child perform the maintenance obligation in accordance with the law through mediation or judgment. If the child refuses to do so, the court may take compulsory measures in accordance with the law, such as freezing the child's account, directly transferring deposits, etc., to force the child to fulfill the obligation of support. >>>More
This is a civil lawsuit, which requires the elderly to sue in court either themselves or by entrusting others. >>>More
Legal analysis: The agreement for supporting the elderly shall be written by the children of the elderly or the entrusted lawyer, and the content of the agreement shall include when each supporter shall perform the maintenance obligation, how to do when supporting the elderly, and the method, amount and time of alimony shall be paid if the elderly are not directly supported. >>>More
If there is a refusal to support the parents, or if the dispute arises due to the forced alimony, the relevant departments may mediate or the people's court may handle it in accordance with litigation procedures. Where there is a refusal to support them, and the circumstances are heinous, and a crime is constituted, legal responsibility shall be pursued in accordance with law. >>>More