The Constitution stipulates that adult children have the obligation to support and support their parents. China s Marriage Law also stipulates that children have the obligation to support their parents. When children fail to fulfill their maintenance obligations, parents who are unable to work or have difficulties in living have the right to require their children to pay maintenance.
The main content of support is that under the existing economic and social conditions, children should provide parents with the necessary daily necessities and expenses, and they should respect, care and take care of their parents in life, spirit and emotion.
Economy Adult children who are financially capable, regardless of gender, married or unmarried. When parents need support, they should do their best to fulfill this obligation according to law until the parents die.
Children s maintenance obligations to parents not only occur between children born in wedlock and parents, but also between children born out of wedlock and biological parents, between foster children and adoptive parents and step children and step parents who have fulfilled the obligation to support education .
In order to protect the legitimate rights and interests of the dependants, the Marriage Law stipulates that when children fail to perform their maintenance obligations, parents who are unable to work or have difficulties living have the right to ask their children to pay maintenance. Those who refuse to perform can be settled through litigation. If the circumstances are bad and the offenders are constituted, their criminal responsibilities shall be investigated according to law.
Article 8 of the Some Specific Opinions of the Supreme People s Court on the People s Court s Handling of Child Rearing in Divorce Cases stipulates that childcare fees shall be paid on a regular basis and may be paid in a lump sum if conditions permit.
According to the above regulations, the method of payment of child support is generally monthly, and it is paid into the child support special account or paid when visiting the child on a monthly basis. In practice, many parties require the other party to pay the child support at one time because of this. Save the hassle of asking for money, in the second place, you can offset the payment to the other party. However, whether to adopt a one-time payment method depends on the actual payment capacity of the other party and the attitude of the other party. If the party who does not directly raise the child does not agree to a one-time payment, the court will not order the one-time payment.
(2) The maintenance cost does not only refer to the cost of living. Article 21 of the Interpretation (1) of the Marriage Law clearly states that supporting cost includes three items, namely, living costs, education costs and medical costs. Therefore, in divorce, in addition to the cost of living, full consideration must be given to education and medical expenses, and strive for a higher proportion within the standard of support (20-30%).
Parents divorced with their mothers, are children still obliged to take care of the father? After the parents divorce, no matter whether the father is responsible for the upbringing, the child s obligation to support the father will not be eliminated.