What are the new provisions of the Maintenance Law in 2022?

Article 26 of the Civil Code of the People's Republic of China [Legal Obligations between Parents and Children] 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. Article 37: [Obligation to bear after guardianship qualifications are revoked] Parents, children, spouses, and so forth who lawfully bear the guardian's child support, alimony, or maintenance expenses shall continue to perform their obligation to bear the burden after the people's court has their guardianship qualifications revoked.

Article 196:[Circumstances in which the statute of limitations does not apply]The provisions of the statute of limitations do not apply to the following claims: (1) requests to stop the violation, remove obstacles, or eliminate dangers; (2) The owner of the immovable property right and the registered movable property right requests the return of the property; (3) Requests for the payment of child support, alimony, or alimony;

4) Other claims where the statute of limitations does not apply in accordance with law.

Article 1067: [Parents' Obligation to Support and Obligation to Support Children]Where parents do not perform their obligation to support, 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.

We don't have maintenance laws. According to the provisions of the Civil Code, it is not necessary to ask anyone's consent for whom parents are married, their marriage is free and no one has the right to interfere. If your stepmother or stepfather does not support you, you are exempt from the obligation to support them.

However, her biological parents and her children are obliged to fulfill their maintenance obligations. That is, their respective children are obliged to support their respective parents, and even if they are married for the second time, the children are still obliged to support their parents.

There is no need for support, but there is no maintenance relationship between you and the stepmother, and the stepchild can not support the stepparent.

For the standard calculation of alimony for the elderly, the following points are usually included:

1. The people's court ruled that the standard of alimony shall be determined according to the local economic level, the actual needs of the dependents and the financial capacity of the dependents.

2. Compensation standard: First, calculate the monthly per capita income of the child's family. If a child's average monthly income is below the subsistence minimum, the child is considered unable to provide maintenance to his or her parents.

When the monthly per capita income of a family with one child is higher than the subsistence subsistence threshold, the alimony for a person with two or more children will be calculated as 50%; Child support for more than three children accounts for 40 per cent. The amount of maintenance payable divided by the number of dependents is the amount of maintenance for the dependents.

3.Alimony payment standard: If the actual payment amount is higher than the above calculation standard, it will be calculated based on the actual payment amount; If the actual payment amount is less than the above calculation criteria, it will be calculated according to the above calculation criteria.

If there is a regular income, maintenance is generally paid at a rate of 20 to 30 per cent of the gross monthly income. Where two or more child support expenses are paid, the proportion may be appropriately increased; If there is no regular income, the amount of maintenance can be determined according to the total income of the year, etc., with reference to the above proportions; If there are special circumstances, the above proportion can be appropriately increased or decreased. If one party has no financial income or his whereabouts are unknown, his or her property may be used to offset the child's support.

According toLaws and RegulationsAfter divorce, if the children are directly raised by one party, the other party shall bear part or all of the maintenance expenses. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary. Alimony refers to the fact that the child financially provides the necessary living expenses for the parents, that is, bears certain financial responsibilities, provides necessary financial help, and gives material financial assistance. The alimony is calculated with reference to the local living standard and the basic living, medical and residential needs 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. 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.

The content of alimony payment is divided into six aspects:

1. Basic alimony for the elderly;

2. Sickness expenses for the elderly;

3. The nursing expenses of the elderly who cannot take care of themselves;

4. Housing costs for the elderly;

5. Necessary mental consumption expenditures;

6. Necessary insurance costs.

Legal basis

Civil Code of the People's Republic of China

Article 26: 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.

Article 1067: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.

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The new provisions of the Maintenance Law in 2022 are: mainly in the Civil Code and the Law on the Protection of the Rights and Interests of the Elderly1, children have the obligation to support their parents, and parents who are unable to work or have difficulties in life can let their children pay alimony; 2. The spouse of the supporter shall assist in fulfilling the maintenance obligation; 3. The supporter should provide medical expenses for the elderly who are in financial difficulty, and at the same time personally take care of the elderly who cannot take care of themselves when conditions permit; 4. The supporter cannot refuse to perform the maintenance obligation on the grounds of renunciation of inheritance rights or other reasons.

What are the new provisions of the Maintenance Law in 2022?

Hello dear, it is a pleasure to serve you <>

The new provisions of the Maintenance Law in 2022 are: mainly in the Civil Code and the Law on the Protection of the Rights and Interests of the Elderly1, children have the obligation to support their parents, and parents who are unable to work or have difficulties in life can travel to let their children pay alimony; 2. The spouse of the supporter shall assist in fulfilling the maintenance obligation; 3. The supporter should provide medical expenses for the elderly who are in financial difficulty, and at the same time personally take care of the elderly who cannot take care of themselves when conditions permit; 4. The supporter cannot refuse to perform the maintenance obligation on the grounds of delayed renunciation of inheritance rights or other reasons.

Article 1067 of the Civil Code of the People's Republic of China [Parents' Obligation to Support and Obligation to Support Children] If parents fail to perform their obligation to support, minor children or adult children who cannot live independently have the right to request their parents to pay child support. Parents who do not fulfill their obligation to support their adult children, or who lack the ability to work well or who have difficulties in living, have the right to demand alimony from their adult children.

1. Alimony standards 2022 national regulations.

According to the Civil Code, "parents have the obligation to raise and educate their children; Children have an obligation to support their parents". If the per capita monthly income of the dependent's or the dependent's family is lower than the minimum subsistence line, the maintenance or maintenance expenses to be borne by the person with the support or support obligation shall be calculated according to the following method:

Calculation of alimony: First, the per capita monthly income of the child's family is calculated, and when the child's per capita monthly income is lower than the minimum subsistence line, the child is deemed to be unable to provide alimony to his parents. When the per capita monthly income of the children's family is higher than the minimum subsistence allowance, the excess part shall be calculated at 50% for the two children; Maintenance is calculated at 40% for more than three children.

The alimony payable is divided by the number of dependents to arrive at the alimony paid to each dependent.

The criteria for determining alimony by the people's court include: the local economic level, the actual needs of the dependent, and the financial capacity of the supporter.

2. What are the costs of alimony?

The main contents of the payment of statutory alimony are:

1. Basic alimony for the elderly; It mainly includes the clothing, food and daily expenses that the elderly will inevitably incur;

2. Sickness expenses for the elderly; When an elderly person files a lawsuit with the court for a maintenance dispute, the people's court shall determine that the medical expenses that have already been incurred and the relatively certain medical expenses that must be incurred in the future for those who have suffered from some chronic diseases shall be determined to be borne by the supporter as the content of the payment. However, the amount and timing of large medical expenses that may occur in the future are uncertain.

Therefore, it is generally not possible to make a judgment in favor of a claim for a large amount of medical expenses that may be incurred by an elderly person in the future. From the perspective of safeguarding the legitimate rights and interests of the elderly and reducing the burden of litigation on the elderly, this law is feasible.

3. The nursing expenses of the elderly who cannot take care of themselves; If the elderly are unable to take care of themselves, their children have the obligation to take care of their basic livelihood, but if they are unable to do so for some reason, the relevant expenses incurred by others or the pension institution for taking care of them on their behalf shall be paid by the children.

4. Housing costs for the elderly; Dependents have an obligation to properly house the elderly. If the elderly have no house to live in and the elderly do not have their own house, the reasonable rent should be included in the alimony.

5. Necessary mental consumption expenditures; Spiritual support for the elderly has become an indisputable legal principle, and the most basic spiritual enjoyment of the elderly, such as cable television, radio, books and newspapers, etc., can be determined as alimony payment content and borne by the obligor.

6. Necessary insurance costs. In addition to social security, the necessary medical and other insurance benefits for the elderly should also be used for maintenance. Insurance not only provides maximum protection for the elderly, but also shares a lot of risk for children, which is very worth advocating.