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Article 36: The relationship between parents and children is not extinguished by the divorce of parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent.
After divorce, parents still have the right and obligation to raise and educate their children.
Article 37: After a divorce, the other party shall bear part or all of the necessary living expenses and education expenses for the children raised by one party, and the amount of the expenses 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.
An agreement or judgement concerning the maintenance and education of the child shall not prevent the child from making a reasonable demand to either parent, if necessary, in excess of the amount originally agreed upon in the agreement or judgment.
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Article 21 of the Marriage Law of the People's Republic of China stipulates that parents have the obligation to raise and educate their children, and when parents fail to fulfill their obligation to support them, children who are minors or who cannot live independently have the right to demand that their parents pay child support. Article 20 of the Interpretation (1) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates that "children who cannot live independently" as provided for in Article 21 of the Marriage Law refer to adult children who are still in school and receiving education at or below high school, or who are unable to maintain a normal life due to non-subjective reasons, such as those who have lost or not completely lost their ability to work. From the above legal provisions, the obligation of parents to raise and educate their children is to receive high school education and below when the children are still in school, and if they graduate from high school and go to university, there is no longer the obligation of parents to support their children, and the cost of their children's college can also be solved in other ways, such as applying for scholarships from the school, applying for loans, etc.
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Yes, there are provisions in the Marriage Act.
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Many people mistakenly believe that if they live with their mother or father after their parents divorce, they have no obligation to support the other parent, and this is a mistake, and parents and children will not change their blood relationship because of the change in the marital relationship between the parents.
Although we live with our father or mother, the other party also pays child support, so our parents have not stopped paying for us, and when they are old and lose their ability to work and have no economic income, we should also do our best to provide our own help, so that they can enjoy their old age in peace.
Although many fathers or mothers do not fulfill their true obligation to support their children, children still have the obligation to support parents like their parents, because they give us life, they are the source of our life, whether from the perspective of law or human morality, we have the obligation to support them.
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From a legal point of view, the child has the obligation to support the father without any conditions, but if the father has not fulfilled his responsibilities, that is, has not paid child support, the child can also refuse.
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If the father and mother are children, and the divorced father has also raised the children when they grow up, the children have the obligation to support the father, and if the father has left the mother and nieces since childhood, and has not seen the obligation to support the children, there is no need for the children to support them.
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After the parents divorce, the children living with the mother still have the responsibility to support the father after they grow up, because supporting the parents is a legal obligation, and there is no way to shirk the responsibility.
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Despite the divorce of your parents, you and your mother grew up and lived together. But when your father is old and needs to be taken care of, you should still include your maintenance obligations. Because it is the duty and responsibility of every child to support their parents.
Although you are divorced and you did not grow up with him, he is your biological father after all, and this obligation of support is unshirkable and cannot be shirked. Where are you.
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This is a legal issue, and the first thing to see is whether this father has it. Alimony was paid in full. If he has alimony for you and pays you for schooling.
Then you must have an obligation to support him. Because the obligation to support is relative, if he has fulfilled his duty to you, then you have an obligation to support him. So try to understand your relationship and whether the responsibilities and obligations are carried out.
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Although his parents lived with his mother after the divorce, he also had alimony to pay after the divorce, so he also supported you, so even if you grow up in the future, you still have to support your father.
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Although the parents are divorced, the children who live with their mothers also have the obligation to support their fathers when they grow up, and although their parents are divorced, the father also pays child support to support them, so the children also have the obligation to support their fathers when they become adults.
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As long as there is a blood relationship, children who do not live with their parents after divorce and not only live together will also have to support their fathers. Both legally and morally, there is an obligation to do so.
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The parents are divorced, and the child lives with the mother, but the father is also the one who gave birth to you, since he didn't raise you, but he also gave birth to you, so you still have the obligation to support your father when you grow up, after all, he is your father.
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No matter who their parents are with after they divorce, as children, in the future, that is, in the second half of their lives, as long as their parents are there, they have the right to support their parents and have the obligation to support them.
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No, because I was raised by my mother, my father has no obligation to raise him, so he has no responsibility to support him.
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Even if we live with our mother after our parents divorce, we still have the obligation to support our father. After all, our fathers and mothers gave us life. We still have a responsibility to support our fathers.
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If there is no obligation to support, it is possible not to support it, but out of humanitarianism, it is definitely still supported.
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It is a legal obligation of children to support their parents. Moreover, the responsibility for maintenance does not change as a result of a change in the marital status of the parents.
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If the father has paid child support and education expenses for the children after the divorce, he is obliged to support the father when he grows up, and he must also support the father from the perspective of family affection.
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When the children who live with their mothers after the divorce grow up, they must still have the obligation to support their parents, after all, you are all related by blood.
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Look at your father's alimony, and if so, then there is. If it is not given, then legally speaking, it can not be raised.
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The parties should settle the matter through court proceedings. The child belongs to the mother, and when he grows up, he has no obligation to support the father,。。
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Legal analysis: The daughter of the divorced parents lives with the mother, and the daughter still has the obligation to support the father. 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.
Legal basis: Article 1069 of the Civil Code of the People's Republic of China Children shall respect their parents' marital rights and must not interfere with their parents' divorce, remarriage and 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.
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After the parents divorced, they could not live with their mothers without breaking the rubber and supporting their biological father. According to the provisions of the Civil Code, the relationship between parents and children is not extinguished by the divorce of the parents. Adult children are dependent on their parents.
The obligation to support and protect the father is still required even if the parents are divorced and do not live with the father. Article 26 of the Civil Code, Article 6868, parents are responsible for the maintenance of Li Pan's minor children. Obligation to educate and protect.
Adult children are dependent on their parents. Obligation to support and protect. Article 1084 Paragraph 1 6868 The relationship between parents and children is not extinguished by the divorce of the parents.
After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.
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After the divorce of the parents, the children do not fulfill the obligation to support the parent who does not support them, but to fulfill the obligation to support them. The law stipulates that adult children have an obligation to support, support and protect their parents. 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.
Therefore, a child may not refuse to support a parent who does not support him or her without a legitimate reason.
1. How much child support is given to parents under the laws of our country.
Children pay alimony to their parents, not child support. It is the legal obligation of children to support their parents, and as for when to pay alimony, there are no clear provisions in Chinese law, but it is generally when parents are unable to work. Adult children have an obligation to their parents to support, support and protect them.
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.
2. What are the obligations of parents towards their minor children under article 26 of the Civil Code?
Parents have the right and duty to protect their minor children. Parents are the guardians and legal persons of minor children, and have the right and obligation to protect their legitimate rights and interests. Adult children have an obligation to their parents to support, support and protect them.
Parents who lack the ability to work or have difficulties in living have the right to demand alimony from their adult children.
Third, the alimony age is more than the beginning of the draft.
As long as the child is of age and has the ability to support his or her parents, and the parents are still alive, the child is required to pay alimony, regardless of the age of the parents. The law stipulates that adult children have an obligation to support, support and protect their parents. 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 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 1067.
If the parents do not fulfill the obligation to support them, the minor children or adult children who are unable to live independently have the right to demand that the parents pay child support. Shade of the Ants.
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.
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Legal analysis: Yes, the law stipulates that children have the obligation to support their parents, and the children's obligation to support their parents is not terminated due to changes in the marital relationship of the parents.
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.
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Summary. After a divorce, one party's failure to pay alimony is not considered abandonment.
If the parents divorce, the children live with the mother, and the father is unwilling to pay child support, is this considered abandonment?
After a divorce, one party's failure to pay alimony is not considered abandonment.
Abandonment is a criminal act under the Criminal Law, which refers to the refusal to support the person who has an obligation to support him, and the circumstances are particularly heinous.
How is non-payment of alimony determined?
If he doesn't pay child support, you can sue him for payment.
It is a civil dispute.
He said it, even if he went to sue him, he didn't care.
You can only go to court to sue.
After the lawsuit, the court will award him to pay.
If he still doesn't, you can apply for enforcement. Thank you.
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