Do children have an obligation to support the elderly? What are the rules?

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

    It is a traditional Chinese virtue for children to support the elderly, and for parents to support their children. Children shall abide by the law and carry forward the traditional virtues of the Chinese nation. Article 21 of the Marriage Law stipulates that "children have the obligation to support their parents.

    If parents are unable to support their young children, the children are obliged to support them after independence. Although the Marriage Act sets out the rights and duties of parents and children to support each other, this does not mean that the rights of both parties must be "exchanged for the same value". Children should not be subject to the fulfillment of their obligation to raise and educate their parents.

    Therefore, the obligation of the child to support the elderly parent must be met.

    Whether the child is obliged to support the elderly parent if the parent's wrongdoing causes physical or psychological harm to the child. In the process of raising children, if there is an illegal act that causes psychological harm to the child, the child shall consciously fulfill the obligation to support the elderly parents when he or she becomes an adult. However, parents who have committed serious crimes against their children's affection and physical and mental integrity are in principle deprived of the right of the child to demand maintenance.

    These cases include one parent's ** child, a father's insult to the child, and a parent's abuse or abandonment of the child.

    Whether a married daughter who has no life is obligated to support her. A daughter cannot be denied the obligation to support her elderly parents on the grounds that she does not have an income of her own. Since their domestic work is of equal value to their husband's work in terms of subsistence costs, their income from their husband's work is community property, and both spouses have equal rights to dispose of the joint property and to pay maintenance on the joint property.

    How the children are assigned the obligation to support the elderly. If the parents have more than one child, they shall share the responsibility of raising and assisting the parents; The amount of each child's obligations shall be agreed upon in accordance with the living and economic conditions of each child. Children are not measured by their parents' concern for their young children, their love for them or the amount of financial support they receive when they get married.

  2. Anonymous users2024-02-11

    Children have an obligation to support the elderly, and it is illegal for children to fail to fulfill their obligation to support the elderly.

  3. Anonymous users2024-02-10

    Of course, there is an obligation to support the elderly, and any child must support the elderly, as long as the two parties are legally parent-child and need to be supported.

  4. Anonymous users2024-02-09

    Those who are obliged to support the elderly, because the law stipulates that their children must support their parents, and if the children are not able to support them, then their children are required to support them.

  5. Anonymous users2024-02-08

    Legal Analysis: 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. Infant drowning, infant abandonment and other acts of infant mutilation are prohibited.

    Legal basis: 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.

  6. Anonymous users2024-02-07

    1. Yes: According to Article 14 of China's Law on the Protection of the Rights and Interests of the Elderly, children are one of the support obligors of elderly parents and should fulfill their maintenance obligations; 2. In accordance with the provisions of Article 75 of this Law, those who have the obligation to support or support the elderly but refuse to support or support them, abuse the elderly, or commit domestic violence against the elderly, shall be criticized and educated by the relevant units; - If it constitutes a violation of the administration of public security, a public security administrative penalty shall be imposed in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law. The provisions of the 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 in the closed chain shall assist the supporter in fulfilling the maintenance obligation.

    Article 75:Where the freedom of marriage of the elderly is interfered with, the elderly are obliged to support or support but refuse to be supported or supported, the elderly are abused, or domestic violence is committed against the elderly, the relevant units are to give criticism and education; - If it constitutes a violation of the administration of public security, a public security administrative penalty shall be imposed in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

  7. Anonymous users2024-02-06

    The obligation to support the elderly, daughters and sons is set out in the Civil Code.

    Legal basis: 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 cannot 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 1069 of the Civil Code of the People's Republic of China provides that children shall respect their parents' right to marry, and shall 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.

  8. Anonymous users2024-02-05

    Maintenance refers to the material and financial provision of the child to the necessary living conditions for the parents; Support refers to the care, help and care of children for their parents in spirit and life.

    It is a woman's duty to the family and society to fulfill the obligation of support and support to her parents.

    As supporters, children shall fulfill their obligations to provide financial support, daily care, and spiritual comfort to the elderly, and take care of the special needs of the elderly. Both sons and daughters have the obligation to support their parents, and married women have the obligation and right to support their parents.

    Children who are financially able should be supported by their parents who are unable to work and are unable to make ends meet.

    1. Are siblings who can afford it obligated to support the elderly and childless?

    Brothers and sisters who can afford it have no obligation to support their elderly siblings who have no children, but have an obligation to support them. The obligation of support refers to the obligation of children to provide necessary living conditions for their parents materially and economically, and the children, as supporters, shall fulfill the obligation of economic support, daily care and spiritual comfort to the elderly.

    2. Legal provisions on the support system for the elderly.

    The system of support for the elderly has the following legal provisions: Generally speaking, it is the legal obligation of children to support 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.

    Maintenance means that a child or younger child helps his or her parents or elders in material and living ways.

    Article 1074 of the Civil Code of the People's Republic of China 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.

    Article 23 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly provides that the elderly and their spouses have the obligation to support each other. Where a younger brother or sister who is supported by an older brother or sister becomes an adult and has the ability to afford it, he or she has an obligation to support the elder brother or sister who is old and has no support.

Related questions
12 answers2024-06-21

China's marriage law stipulates that premarital property belongs to personal property. >>>More

5 answers2024-06-21

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

15 answers2024-06-21

Education from elementary school to university in the United States is funded by the first, but if you want to go to a private school, you will have to pay for it yourself.

6 answers2024-06-21

First of all, personal accidents do not count. Ethical standards don't count. Under existing law, there is no such thing under normal circumstances. >>>More

7 answers2024-06-21

Nowadays, it is common for grandparents to bring grandchildren, and many people have a blank concept of whether there is legal restraint on this phenomenon. First of all, according to the law, grandparents have no mandatory obligation to take care of the next generation while the parents are alive. According to Article 28 of the Marriage Law, the conditions for grandparents to raise their grandchildren are: >>>More