1. Legal basis
According to Article 1067 of the Civil Code of the People's Republic of China, if parents fail to fulfill 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.
2. Problem analysis
1.Nature
The elderly take care of their grandchildren, which is a causeless management behavior. According to Article 987 of the Civil Code of the People's Republic of China, where there is no legal basis for managing affairs for others or handling the affairs of others, it is management without cause.
2.Constituent Elements
Older people caring for their grandchildren may request payment from their children subject to the following conditions:
Older persons have no legal obligation to care for their grandchildren;
Older persons provide practical care services for their grandchildren;
The child has the ability to pay the fees.
3.Rights and Obligations
Older persons have the right to request payment from their children for expenses commensurate with the labour and financial resources involved in the care of their grandchildren.
Children are obliged to pay for the reasonable care of the elderly.
4.Judicial Practice
In judicial practice, the court will generally consider the following factors in cases where an elderly person requests payment of expenses for the care of his grandchild:
the ability to support the child;
the time, energy and financial resources of older persons caring for their grandchildren;
The local standard of living.
3. Case Analysis
Case 1:
After Mr. Zhang and Mrs. Li retired, they have been helping their children take care of their grandchildren. The children pay Mr. Zhang and Mrs. Li 2,000 yuan per month as a fee for bringing the baby. Later, due to the change of work, the children's income decreased, and they asked Mr. Zhang and Mrs. Li to reduce the cost of bringing the baby.
The court held that Mr. Zhang and Mrs. Li had no legal obligation to take care of their grandchildren, but they provided actual care services for their grandchildren, and the children had the ability to pay the fees. Therefore, the court upheld Mr. Zhang and Mrs. Li's claims, but lowered the standard of the baby fee as appropriate.
Case 2:
Mr. Wang and Mrs. Chen's son died in a car accident, and their daughter-in-law remarried, leaving behind a young grandson. Mr. Wang and Mrs. Chen took their grandson home to raise them and took all the living and education expenses of their grandson.
Mr. Wang and Mrs. Chen sued their daughter-in-law for child support.
The court held that the sons of Mr. Wang and Mrs. Chen had died, and the daughter-in-law had the obligation to raise her grandson, but she refused to fulfill her obligations. Therefore, the court upheld the claims of Mr. Wang and Mrs. Chen and ordered the daughter-in-law to pay child support.
IV. Recommendations
Older persons and their children should fully communicate in advance about the care of their grandchildren, clarify their rights and obligations, and sign a written agreement.
If an elderly person needs to request payment of care expenses from his or her children, he or she should provide relevant evidence, such as the actual circumstances of caring for his grandchildren, the labor and financial resources expended, etc.
Children should actively fulfill their obligation to support the elderly and reduce the burden on the elderly.
V. Conclusion
Caring for grandchildren by older people is a form of mutual help among family members. Children should respect and understand the contributions of the elderly, and give the necessary material and moral support to the elderly according to their own circumstances.
6. References
Civil Code of the People's Republic of China
Interpretation (1) of the Supreme People's Court on Issues Concerning the Application of the Civil Code of the People's Republic of China on Marriage and Family