Maintenance refers to the material and spiritual provision of necessary living conditions for the children, and the children, as supporters, shall fulfill the obligations of economic support, daily care and spiritual comfort for the elderly, and take care of the special needs of the elderly.
Netizen consultation:
What are the provisions on the obligation of adult children to support their parents?
Lawyer answers:
According to the provisions of China's Law on the Protection of the Rights and Interests of the Elderly, citizens over the age of 60 belong to the elderly, and the obligations that the supporter should perform to the elderly include economic support and living care. 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 alimony from their adult children, but the issue of alimony is by no means limited to the payment of alimony, and what the elderly need more is spiritual comfort. Family members who live separately from the elderly should frequently visit, greet, care for, and care for the elderly, so that the elderly can live out their old age in peace.
The requirement of parental support is a mandatory provision of validity and the child may neither refuse to comply with the provision for any reason nor add any conditions to this mandatory provision.
The lawyer adds:
As for the amount of alimony, it should be determined not only according to the financial affordability of the dependent, but also to take care of the actual living needs of the dependent. If it is really difficult to support the children, they can seek help from the residents' committees, villagers' committees and lawfully established organizations for the elderly, and can apply for local assistance.
Standard of alimony: Generally, the monthly per capita income of the child's family should be calculated first. 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.
Legal basis] Civil Code of the People's Republic of China
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.
Jia Wenjing's team-Daxian Office
Introduction: Provide multi-channel, efficient and operable solutions for the parties to prevent and avoid risks, and win unanimous praise from the parties.