If the children do not support their parents, and the parents can t speak, can t they file a case?

Updated on society 2024-06-13
10 answers
  1. Anonymous users2024-02-11

    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.

  2. Anonymous users2024-02-10

    You can file a case, you can write it! It is unfilial for a child not to support his parents. I will be old, and what will I think if my children don't support me. To be a man is to be filial

  3. Anonymous users2024-02-09

    Yes, parents can sue their children for child support. The law will definitely support it.

  4. Anonymous users2024-02-08

    1. What should the elderly do if their children do not fulfill their maintenance obligations?

    1.Seek help from community workers. For the problem of non-support of children, they can seek the help of community workers, criticize and educate the children, and the community assists in supervision.

    2.Initiating a civil lawsuit. If the child does not fulfill his obligation to support his children, the elderly can entrust a lawyer to file a lawsuit with the court. If the supporter fails to perform the maintenance obligation, the elderly person has the right to demand maintenance from the supporter.

    3.Pursue criminal responsibility. Where an old, young, sick, or other person who lacks the ability to live independently, who has an obligation to support but refuses to do so, and the circumstances are heinous, is to be sentenced to up to five years imprisonment, short-term detention, or controlled release. A child who does not fulfill his or her maintenance obligations may be guilty of desertion.

    2. China's laws stipulate the obligation of children to support the elderly.

    1.Children have an obligation to support their parents.

    The Constitution stipulates that adult children have the obligation to support their parents. Article 21 of the Marriage Law stipulates that children have the obligation to support their parents.

    2.The younger generation has an obligation to support the elders.

    The Marriage Law stipulates that grandchildren who can afford it have the obligation to support their grandparents and grandparents who have died. This maintenance is conditional and requires the grandchild to be able to afford it and the grandparent's child has died.

    3.The main content of maintenance and support.

    Under the existing economic and social conditions, children should financially provide their parents with the necessary daily necessities and expenses, and should respect, care and care for their parents in life, spiritually and emotionally. Family members who live separately from the elderly shall frequently visit or greet the elderly.

    3. Refusal to support an elderly person may constitute the crime of abandonment.

    Where failure to support the elderly is serious, the crime of abandonment is constituted, and a sentence of up to five years imprisonment, short-term detention, or controlled release is to be given.

    Aggravating circumstances of desertion include:

    1.Serious injury or death of the victim as a result of abandonment;

    2.The victim has no means of livelihood due to abandonment, is displaced, and is forced to beg on the street;

    3.The victim is cornered and forced to commit suicide due to abandonment;

    4.The perpetrator refuses to make corrections after repeated education, putting the victim's life in a dangerous situation;

    Fourth, other issues related to the elderly pension.

    1.If a parent is unable to support a young child, does he or she have an obligation to support him?

    The Marriage Law stipulates the reciprocal rights and obligations between parents and children to support each other, but this does not mean that these two rights must be "exchanged at an equal price", and children cannot take whether their parents have fulfilled their obligation to support them as a premise for fulfilling their obligations to support their parents. Therefore, the child's obligation to support the elderly parent cannot be discharged on this ground.

    2.Can a married daughter with no financial income be exempted from the obligation of maintenance?

    If the married daughter has no income herself, it cannot be used as a reason for refusing to perform the obligation to support her parents for the elderly. Since the domestic work they perform is of equal value to the husband's work for the means of subsistence, the income derived from the husband's work is the joint property of the husband and wife, and the husband and wife have equal rights to dispose of the joint property of the husband and wife and may pay alimony out of the joint property of the husband and wife.

  5. Anonymous users2024-02-07

    Can you file a case, can't parents still use sign language if they can't speak, you can find a dumb teacher to help you write, it makes no sense for children not to support their parents, and it can't be said to **.

  6. Anonymous users2024-02-06

    I don't understand what you mean by that.

  7. Anonymous users2024-02-05

    How to sue the father for not raising the child: If the woman is the direct supporter, the woman can file a lawsuit with the court in the name of the child as the legal ** person of the child, demanding that the man pay child support and fulfill the obligation to raise the child. If the husband is the one who is directly raising the child, the woman can request a change of custody for the husband's non-custody of the child.

    Article 1084 of the Civil Code of the People's Republic of China: The relationship between parents and children is not extinguished by the divorce of 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 the divorce is attacked, 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 the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.

  8. Anonymous users2024-02-04

    Parents cannot afford not to raise their children, and the obligation of parents to raise their children is a legal obligation. Parents are the primary legal guardians of their children and have the right and obligation to raise and educate them. If the parents do not prudently fulfill the obligation to support them, the children who are minors or who are unable to live independently have the right to demand that the parents pay child support.

    [Legal basis].

    Article 1067 of the Civil Code of the People's Republic of China provides that if 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.

  9. Anonymous users2024-02-03

    Children whose parents do not support minor children can sue. Parents have an obligation to raise and educate their children. 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.

    Disputes arising from forced alimony may be mediated by the relevant authorities. Children or their close relatives may file a lawsuit with the court and request that the people's court handle it in accordance with the litigation procedures.

    [Legal basis].

    Article 119 of the Civil Procedure Law of the People's Republic of China provides that the following conditions must be met for a lawsuit: (1) the plaintiff is a citizen, legal person, or other organization with a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

  10. Anonymous users2024-02-02

    2. Where the case filing division reviews the materials submitted by the plaintiff and meets the requirements for filing a case, it is to file the case. 3. The court will hear and make a judgment.

    Legal basis: Article 1079 of the Civil Code of the People's Republic of China: Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court.

    People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

    In any of the following circumstances, if mediation fails, a divorce shall be granted:

    1) bigamy or cohabitation with another person;

    2) Committing domestic violence or abusing or abandoning family members;

    3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

    4) Separated for two years due to emotional discord;

    5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

    Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

    Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

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