Are the children obliged to support their spouses after an elderly person remarries?

The obligation of a child to support his or her parents is not terminated by a change in the marital relationship between the parents, so a child who has an obligation to support the elderly still has to fulfill the obligation. Children who are financially able should be supported by their parents who are unable to work and unable to make ends meet, and alimony should be paid to parents who do not live together. However, when an elderly person remarries, the children of both parties are generally adults and living independently, so one of the spouses of the elderly person and the other child form a direct relationship of marriage based on remarriage.

Since China's law does not clearly stipulate the rights and obligations between direct in-laws, children only have the obligation to support their biological parents, but do not need to bear the obligation to support their biological parents' remarried spouses.

Civil Code of the People's Republic of China

Article 1050:After marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family, in accordance with the agreement between the man and the woman.

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.

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.

If a de facto relationship of support has been formed with the remarried spouse, the legal provisions on the relationship of rights and obligations between the legitimate parents and children shall apply, and the stepchild shall have the obligation to support the remarried spouse if the remarried spouse has fulfilled the obligation to support the child before the stepchild is a minor. If the remarried spouse does not have a maintenance obligation to the stepchild, then the stepchild has no maintenance obligation to the remarried spouse.

The right of parents to be supported is protected by law, regardless of whether the parents remarry or not, the obligation to support the children always exists, and the children cannot use the remarriage of their parents as a reason not to fulfill the obligation to support their parents.

Legal basis: Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly

Article 21: The freedom of marriage of the elderly is protected by law. Children or other relatives must not interfere with the divorce, remarriage, or post-marital life of the elderly. The maintenance obligation of the supporter is not extinguished by changes in the marital relationship of the elderly.

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; where a violation of the administration of public security is constituted, a public security administrative sanction shall be given in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.