After my stepmother and father divorced, do I still have an obligation to support my stepmother?

Updated on society 2024-08-12
15 answers
  1. Anonymous users2024-02-16

    After the stepmother and your father divorced, if a custody relationship has been formed between you and your stepmother, it does not necessarily dissolve it with their divorce, but it depends on the specific situation, if a custody relationship has been formed, it is possible that you will still have to support your stepmother even if they divorce. The divorce of the remarried parents does not necessarily lead to the legal consequences of the dissolution of the stepchild relationship. After the divorce, the status of the relationship between in-law and the relationship of kinship without legal rights and obligations is eliminated, but the relationship between stepparents and children that has been formed in the form of a pseudo-direct self-parenting type still exists.

    In practice, the shortest period for the formation of a dependency relationship (maintenance) is three years for living together, and if it exceeds five years, an irreversible fictitious blood relationship is determined. When one party is only partially dependent on the other party for material or living care, the minimum period for forming a fictitious lineal blood relationship shall be extended by five years, and it is advisable to consider that an irreversible fictitious blood relationship has been formed after eight years.

  2. Anonymous users2024-02-15

    Whether there is an obligation to support a stepparent and a stepchild depends on whether they have formed a relationship of raising and being dependent. If a stepmother has fulfilled an obligation to support her stepchild, she has the right to claim maintenance from the stepchild who has been supported by her.

  3. Anonymous users2024-02-14

    There is no obligation, but it is possible to voluntarily go for support.

    Legal basis] Article 21 of the Marriage Law stipulates: "Parents have the obligation to raise and educate their children; Children have an obligation to support their parents. "Article 27, paragraph 2, reads:

    The rights and obligations between a stepfather or stepmother and a stepchild who is being raised and educated by him shall be governed by the relevant provisions of this Law on the relationship between parents and children. "Where the stepmother and stepchild are in a relationship of support, the stepchild has a legal obligation to support the stepmother. If the stepmother and the stepchild do not have a dependency relationship, the stepchild has no legal obligation to support the stepmother.

    The stepchild's voluntary performance of the stepmother's maintenance obligation is not within the scope of the statutory obligation.

  4. Anonymous users2024-02-13

    Supporting parents is both a moral and a legal obligation of citizens. Although the stepmother is not related to the stepson and stepdaughter, and has no fertility grace, she has the grace of parenting. As the saying goes, the grace of fertility is greater than that of people, and the grace of nurturing is greater than that of heaven.

    Even if the stepmother and father divorce, it cannot erase the responsibility that she has fulfilled in the growth of her stepson and stepdaughter, even if the stepparents dissolve the marriage relationship, the stepchildren should still fulfill the obligation to support, and the stepmother who has raised and educated them should take care of them in life and provide financial support to ensure that the old are supported and depended on. Lambs kneel to suckle, crows feed back, animals are still like this, and humans should know how to be grateful to their adoptive parents.

  5. Anonymous users2024-02-12

    If you are still a minor and live with your father and stepmother when you marry your stepmother, and you feel that your stepmother has not treated you well, but when your father and stepmother divorce your stepmother, your stepmother has formed a relationship of support with you for many years, then the provisions of parent-child relationship shall apply, and you have the obligation to support your stepmother. If your stepmother claims alimony against you, you are obligated to pay it.

    Second, as to whether the stepmother has cheated on the marriage, it is difficult to directly determine whether the stepmother has cheated on the marriage based on your description of the control of the family property. Fraudulent marriage requires that your stepmother have fraudulent intentions that cause your father to marry her contrary to her true intentions, but your stepmother has lived with your father for many years and it is difficult to prove her fraudulent intentions.

    Fourth, in the absence of a special agreement between the husband and wife, the wages and property obtained during the marriage generally belong to the joint property of the husband and wife, and when the husband and wife divorce, they may negotiate and agree on the division of the divorced property. Since the father and stepmother have negotiated a division of the property, it is recommended that you respect it.

    Legal basis] Article 1072 of the Civil Code There shall be no abuse or discrimination between stepparents and stepchildren. The provisions of this Law on the relationship between parents and children apply to the relationship of rights and obligations between a stepfather or stepmother and a stepchild who is being raised and educated by him.

  6. Anonymous users2024-02-11

    The relationship between stepparents and children is essentially a relationship of kinship. This is mainly manifested in the following two situations:

    First, when the parent remarries, the stepchild is an adult and has lived independently; Second, when the father or mother remarried, the stepchild was not yet an adult or had not yet lived independently, but after the remarriage, the stepchild did not live with the stepparent or was not raised and educated by him. Since the parties are only related by marriage, the rights and obligations between parents and children do not arise in law.

    However, according to paragraph 2 of Article 1072 of the Civil Code, the provisions of this Law on the relationship between parents and children shall apply to the relationship of rights and obligations between a stepfather or stepmother and a stepchild who is being raised and educated by him.

    In other words, a legal fictitious blood relationship can be established between stepparents and stepchildren who form a relationship of upbringing and education, and both parties have the same rights and obligations as parents and children of natural blood relatives, that is, stepparents have the rights and obligations to raise, educate and protect their stepchildren; Stepchildren have an obligation to support their stepparents, etc.

  7. Anonymous users2024-02-10

    I'm afraid there are still some, but if you don't want to, you can just give her the minimum standard, she is just your stepmother after all.

    When I was twelve, my mother found me a stepfather, I didn't like him, I was most annoyed that he cared about me, I said in my heart, you are not my mother, why do you care about me.

    My mother also said to him: She's not your daughter, why are you so worried? Whose children are in charge, she doesn't need to be in charge of you.

    This is the difference between stepparents and biological parents......

    If you raise them, no one will accept their affection, so why should you receive them? Left and right are not their children.

    That's what I'm talking about, it doesn't matter what should be managed or not, because there is no right to manage, and even if it does, it will not be justifiable.

  8. Anonymous users2024-02-09

    After your stepmother and father divorced, in fact, you have the obligation to support the lonely, because they have formed that free-range relationship before, but now they are suddenly divorced, and then it will still be your obligation, for example, if your parents are divorced, but you still have the same obligation to provide for them.

  9. Anonymous users2024-02-08

    No, but you have to support your father. If your stepmother is raising you before the age of eighteen, you need to pay something for humanitarian reasons.

  10. Anonymous users2024-02-07

    Have you formed a relationship of raising and being raised? If your stepmother has fulfilled a maintenance obligation to you, then she has the right to demand support from you.

  11. Anonymous users2024-02-06

    If your stepmother has raised you, you have it, and if you haven't, you haven't.

  12. Anonymous users2024-02-05

    From a legal point of view, there is, but this kind of practical manipulation is generally not dissipated. It also depends on the relationship between your mother and son. But you're in this person's state of mind.

  13. Anonymous users2024-02-04

    There should be no more, you can consult legal counsel.

  14. Anonymous users2024-02-03

    Legal analysis: For stepparents or stepchildren who have formed a de facto custody relationship, even if the biological mother and stepfather divorce, the adopted son still has the obligation to support the stepfather.

    Legal basis: Civil Code of the People's Republic of China

    Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

    The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

    Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

    People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

    In any of the following circumstances, if mediation fails, a divorce shall be granted:

    1) bigamy or cohabitation with another person;

    2) Committing domestic violence or abusing or abandoning family members;

    3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

    4) Separated for two years due to emotional discord;

    5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

    Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

    Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

  15. Anonymous users2024-02-02

    The stepparents are divorced, and the stepson is also obligated to support the stepparents. The Civil Code stipulates that the rights and obligations between a stepfather or stepmother and a stepchild who is raised and educated by him shall be governed by the relevant provisions of this Law on the relationship between parents and children. That is to say, as long as the stepparents and children live together and form a relationship of upbringing and education, they will have the same relationship of rights and obligations as the biological parents and children.

    It is often thought that once the marriage between the stepfather or stepmother and the biological mother or father is dissolved, the stepparent-child relationship does not exist, but this understanding is one-sided. Even if the stepparents divorce, the relationship between parents and children will not be dissolved [Legal basis] Article 1072 of the Civil Code There shall be no abuse or discrimination between stepparents and stepchildren. The provisions of this Law on the relationship between parents and children apply to the relationship of rights and obligations between a stepfather or stepmother and a stepchild who has been raised and educated by him/her.

    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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