Civil Code: What should I do if my son and daughter do not support the elderly

Legal analysis: If the child does not support the elderly, he can claim alimony, and if he does not take alimony, he can request arbitration or directly file a lawsuit with the people's court for enforcement.

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. Adult children who do not fulfill their obligation to support them shall lack the ability to work or give birth.

Parents who are in financial difficulties have the right to demand alimony from their adult children.

Civil Procedure Law of the People's Republic of China》 Article 3: The provisions of this Law apply to people's courts accepting civil lawsuits brought by citizens, legal persons, and other organizations, as well as between them on the basis of property and personal relationships.

Article 4 of the Arbitration Law of the People's Republic of China Where the parties settle their disputes by arbitration, both parties shall voluntarily reach an arbitration agreement. In the absence of an arbitration agreement, if one party applies for arbitration, the arbitration commission shall not accept it.

If the children do not support the elderly and do not pay alimony, and the elderly and the children cannot reach a unanimous agreement, the elderly may file a lawsuit with the people's court. The judgment shall be made by the people's court. If the people's court makes a judgment that the child performs the obligation to support the child and bears the alimony, but the child still fails to perform, the people's court shall enforce the performance.

If the elderly do not want to file a lawsuit in court, they can seek the help of the local neighborhood committee or village committee, and let the neighborhood committee and the village committee mediate.

According to 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 are blind and whose children do not fulfill their maintenance obligations, and whose parents lack the ability to work or who have difficulties in living have the right to demand alimony from their adult children.

Legal Analysis: If Peihe refuses to perform his maintenance obligations, he can be resolved through litigation, and if the circumstances are heinous and have constituted a crime, he will be investigated for criminal responsibility in accordance with the law. Maintenance and support refers to the economic provision of daily necessities and necessary living expenses for parents under the existing economic and social conditions, and the respect and care for parents in life, spirit and emotion.

Financially capable adult children, regardless of gender, married or unmarried, are required to do their best to fulfill their obligation to support their parents until their death.

Legal basis: Article 106 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 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, who lack the ability to work, or who have difficulties in making ends meet, have the right to demand maintenance from their adult children.

According to the Civil Code, if a child does not support the elderly, a person asks for alimony from an adult child, and there is no statute of limitations for requesting child support. According to the relevant laws and regulations, alimony includes living expenses, medical expenses, etc. Adult children have an obligation to their parents to support, support and protect their parents. Coincidentally, no.

Legal basis] Article 26 of the Civil Code.

Parents have a duty to upbring, educate and protect their minor children.

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

Article 27.

Parents are the guardians of minor children.

Where a minor's parents are deceased or have no capacity for guardianship, the following persons with guardianship capacity are to serve as guardians in order:

1) Grandparents;

2) brother and sister;

3) Other individuals or organizations that are willing to serve as guardians, but must have the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence.

According to the relevant provisions of China's Civil Code, if an adult child fails to fulfill the obligation of support, the parents who lack the ability to work or have difficulties in living have the right to demand that the adult child pay alimony.

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 who are raised in shanties or adult children who are unable to give birth to lead on their own have the right to demand that their parents pay child support. Parents who do not fulfill their obligation to support their adult children, who lack the ability to work or who have difficulties in living, have the right to demand that their adult children pay alimony.