What are the legal obligations of parents to support their children?

Updated on society 2024-06-21
8 answers
  1. Anonymous users2024-02-12

    The legal provisions for children to support their parents generally include that if both parents are unable to support their children when they were young, the children should fulfill their obligations to support the elderly when they grow up and become independent; Because the parents' ordinary wrongful behavior has caused psychological harm to the children, the children should support their elderly parents, and married daughters who have no financial income also have the obligation to support the elderly. According to the relevant provisions of Article 21 of the Marriage Law of the People's Republic of China, the obligation of children to support their parents is regulated

    Legal basis: Article 21 of the Marriage Law of the People's Republic of China stipulates that children have the obligation to support their parents

    1. If parents are unable to raise their children when they are young, they shall fulfill their obligation to support them after they become independent; 2. If the children's mental or physical harm is caused by the wrong behavior of the parents, whether the children have the obligation to support the elderly parents; 3. Married daughters who have no economic income have the obligation to support; 4. Supporting parents cannot be based on the condition of "separating the family and property"; 5. Many children should share the obligation of support and support; 6. After the death of a son or daughter, the daughter-in-law or son-in-law has no obligation to support her in-laws or parents-in-law.

  2. Anonymous users2024-02-11

    Civil Code of the People's Republic of China

    Article 1067:[Parents' Obligation to Support and Obligation to Support Children]Where parents do not 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.

    Understanding applies. If a parent fails to fulfill the obligation to support the child, can the child claim exemption from the maintenance obligation? In response to this problem, the Supreme People's Court clarified in the book "Understanding and Application of the Marriage and Family Inheritance Section of the Civil Code of the People's Republic of China":

    It needs to be dealt with according to the reasons for the failure of the parents to fulfill the maintenance obligations

    1. If the parents are truly unable to fulfill the obligation of support due to financial capacity or other objective reasons (such as being imprisoned for a crime), and the child claims to be exempted from the obligation of support after reaching adulthood, the court will not support it, and the child cannot take whether the parents have fulfilled the obligation of raising and educating as the basis and premise for fulfilling the obligation to support the parents. In trial practice, this should be strictly controlled. Because children's obligation to support their parents is statutory and unconditional, under the current situation where the social security mechanism is not yet perfect and families mainly bear the responsibility of providing for the elderly and raising children, children cannot be easily exempted from the obligation to support their parents.

    In view of the special status relationship between children and their parents, it cannot simply be measured by the general civil law concept of equivalent compensation, fairness and reasonableness.

    2. If parents have the ability to support but refuse to perform their support obligations, or if they abuse, abandon, intentionally kill their children, or other such acts, and the circumstances are serious, they may be exempted from the obligation to support their children. Judging from the provisions of the inheritance section of the Civil Code, if the circumstances are serious, the right of inheritance shall be lost. In the same way, parents who have committed the crime of killing, abandoning or abusing their children no longer have the right to child support in principle.

    Because it is unreasonable to let a victim who has been seriously physically and mentally damaged to support the perpetrator again, regardless of the law, emotion, or reason. The law does not interfere if a child voluntarily supports a parent who has harmed him/her, regardless of his or her previous suspicions.

    Related Provisions] Civil Code of the People's Republic of China

    Article 1125: [Loss and Restoration of Inheritance Rights] Heirs who commit any of the following acts shall lose their inheritance rights:

    1) Intentionally killing the decedent;

    2) killing other heirs for the purpose of competing for an inheritance;

    3) Abandoning the decedent, or abusing the decedent, where the circumstances are serious;

    4) Falsifying, tampering with, concealing, or destroying a will, where the circumstances are serious;

    5) Using fraud or coercion to compel or obstruct the decedent's establishment, modification, or revocation of the will, where the circumstances are serious.

    Where the heirs have the conduct in items (3) through (5) of the preceding paragraph, and truly show repentance, and the decedent expresses forgiveness or later lists them as heirs in the will, the heirs do not lose their inheritance rights.

    Where the legatee has the conduct provided for in the first paragraph of this article, he or she loses the right to receive the bequest.

  3. Anonymous users2024-02-10

    The legal duty of parents to support their children should be that of minors, their right to a normal life and to a good education, and the right of parents to protect their children from any external aggression.

  4. Anonymous users2024-02-09

    The provisions on the legal obligation of parents to raise their children are: Parents have the obligation to raise and educate their children, and when parents fail to fulfill their obligation to raise and educate, children who are minors or who cannot live independently have the right to demand that their parents pay child support in accordance with the law. Parents have the right and duty to protect and educate their minor children.

    Parents are obliged to bear civil liability when their minor children cause damage to the state, the collective, or others. It is a legal obligation for children to support their parents, regardless of whether the parents have property, whether they have divided the family and whether the separation is fair. Parents have the obligation to raise and educate their children, and children have the obligation to support and support their 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.

  5. Anonymous users2024-02-08

    You have confused the two spike macro concepts and misguessed the two words. The support of the younger generation to the parents. This is called maintenance.

    I am the support of my parents for my children. It's called support. The two are different, according to the law, parents have an obligation to support their minor son, Pi Qingnu.

    If the child is an adult, he or she should be independent. Can't gnaw on the old.

  6. Anonymous users2024-02-07

    Parents support their children, and children bend women to support their parents. When the child becomes an adult, the parents can no longer support the child. As a child, you should be independent, and you can no longer rely on your parents or make a lot of noise to grow old.

  7. Anonymous users2024-02-06

    Parents have the obligation to raise and educate their children, and if the parents fail to fulfill their obligation to raise and educate, the children who are minors or who cannot live independently have the right to demand that their parents pay child support. Parents have the right and duty to protect and educate their minor children.

    When a minor child causes damage to the state, the collective, or others, the father and mother have the obligation to bear civil liability.

    What to do when parents are not raising their children:

    1. When the parents do not raise the children, the children may apply to the relevant organizations for mediation or directly file a civil lawsuit with the people's court to request the parents to pay the corresponding child support. If it is during the litigation period, the people's court may make a ruling in advance to temporarily raise it by one party.

    2. According to the law, if the parents do not fulfill the obligation to support them, the minor children or adult children who cannot live independently have the right to request the parents to pay child support.

    Whether a parent can refuse to support a child:

    Parents have an obligation to raise, educate and protect their minor children. Therefore, parents cannot refuse to raise their children.

    Custody refers to the parenting and care of children in terms of material and living conditions, such as paying for children's living expenses, education expenses, and medical expenses. Education refers to the comprehensive cultivation of children by parents in terms of ideology and morality, so that children can grow up healthily in the right direction. When the parents fail to fulfill the obligation to raise and educate, the child who is a minor or cannot live independently has the right to demand maintenance from the parents.

    The "child support" mentioned here includes the child's living expenses, education expenses, medical expenses, and other expenses. The term "children who are unable to live independently" refers to adult children who are still in high school or below, or who have lost or not completely lost the ability to work and disperse their relatives, and who are unable to maintain a normal life due to subjective reasons.

    Legal basis

    Civil Code of the People's Republic of China

    Article 1068: Parents have the right and duty to educate and protect their minor children. Where minor children cause harm to others, parents shall bear civil liability in accordance with law.

    Article 1069:Children shall respect their parents' marital rights and must not interfere with their parents' divorce, remarriage, or post-marital life. 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.

  8. Anonymous users2024-02-05

    The legal obligations of parents to raise their children are as follows: they have the material and financial obligation to raise and care for their children; There is an obligation to cultivate both education and ideology. The obligation to support the child is a matter for both parents.

    When the parents do not fulfill the obligation to raise and educate, the child who is a minor or cannot live independently has the right to demand maintenance from the parents.

    Article 1074 of the Civil Code provides that 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 the obligation to support their grandparents who have died or whose children are unable to support them.

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