Will the elderly be able to win the lawsuit if they sue their children for not supporting them?

Supporting the elderly is a Chinese virtue and a must to do, because this is a matter of hard and fast rule of the law, as long as the elderly sue their children for not supporting, then there is a great chance that they can win the lawsuit, but parents may not be able to win the lawsuit if they sue their children for not supporting.

Legal analysis

What to do if your children don't support the elderly: Everyone gets old and stays, that is, taking care of their elderly parents. The so-called maintenance mainly refers to the behavior of children financially providing their parents with necessary necessities and expenses, that is, assuming certain economic responsibilities, providing necessary economic assistance, and making reasonable material demands.

Children have an obligation to support their parents. Parents who are unable to work or who have difficulties in living have the right to demand maintenance from their children when they are not able to fulfil their maintenance obligations. Children here include children born in wedlock, out of wedlock, and in adoption.

The main content of maintenance support refers to the fact that, under the current economic and social conditions, children should provide their parents with the necessary necessities and expenses for life, and respect, love and care for their parents in life, spirit and emotion. Adult children who are financially able, whether male or female, married or unmarried, shall use their best efforts in accordance with the law to fulfil this obligation until the death of their parents.

Legal basis

Article 49 of the Constitution of the People's Republic of China Marriage, family, mothers and children shall be protected by the State. Both husband and wife have the obligation to practice family planning. Parents have the obligation to raise and educate their minor children, and adult children have the obligation to support and support their parents.

It is forbidden to undermine the freedom of marriage and to abuse the elderly, women and children.

Article 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.

Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly》 Article 14 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.

When the elderly lose their lives, the children must fulfill the legal obligation to support, and the elderly will definitely win if they sue their children in a helpless situation. In addition, the court will, in accordance with the principle of special case and special security, quickly file the case, expedite the trial, expeditious judgment, and set up a temporary court in the place where the elderly are located for trial when the opportunity arises.

Children have the responsibility and obligation to support the elderly. As long as the old man sues 100% of the way.

Legal Analysis: First, write a complaint for alimony; second, collect evidence related to the failure of the children to fulfill their obligation to support them (documentary evidence, physical evidence, witness testimony, etc., which mainly meet the evidentiary requirements of the Civil Procedure Law); Third, compile the evidence into a list of evidence, and file a lawsuit with the court where the children are located, together with the complaint, and if the children are not in the same place, they can file a lawsuit with the court where the elderly are located.

Legal basis: Article 119 of the Civil Procedure Law The following conditions must be met for a prosecution:

1) The plaintiff is a 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 is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

How to deal with children not supporting the elderly: Under normal circumstances, the parties can negotiate on their own. If the negotiation fails, the relevant organization can conduct mediation, or directly sue the court to demand the payment of corresponding alimony from the child.

If their failure to support constitutes the crime of abandonment, they shall be investigated for criminal responsibility in accordance with law.

Legal basis

Article 26 of the Civil Code of the People's Republic of China.

Adult children have an obligation to their parents to support, support and protect them.

Article 1067.

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 1074.

Grandchildren who can afford it have the obligation to support their grandparents who have died or whose children are unable to support them.

Article 261 of the Criminal Law of the People's Republic of China.

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.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.