According to the relevant laws of China, both sons and daughters have the responsibility to support their parents. The responsibility for maintenance does not change due to their marital relationship. The responsibility for maintenance includes material supply and spiritual comfort.
Article 14 The caregiver shall fulfill the obligations of providing for the elderly, providing care and spiritual comfort to the elderly, and taking care of the special needs of the elderly.
When parents encounter their children s failure to perform maintenance obligations, they should first determine the maintenance they can get. According to the Marriage Law of the People s Republic of China: Parents have the obligation to support and educate their children; children have the obligation to support and support their parents. The maintenance or maintenance obligor who constitutes the above-mentioned relationship shall bear maintenance or maintenance responsibilities according to law. If the monthly income of the dependent or supporter s family is lower than the minimum living guarantee line, the maintenance or support fee to be borne by the maintenance or maintenance Calculated by:
Calculation of alimony: First, calculate the per capita monthly income of the child s family. When the average monthly income of the child is below the minimum living security line, the child is deemed to be unable to provide alimony to the parent. When the per capita monthly income of a child s family is higher than the minimum living allowance line, the excess is calculated as 50% for up to two children; the maintenance is calculated as 40% for three or more children. The maintenance payable is divided by the number of dependents to obtain the maintenance paid to each dependent.
After determining the maintenance you can get, you can pay it in person or go to the local civil affairs department for help. If the child still refuses to pay or delays payment, he can do so:
1. Seek help from community workers. For the problem of unsupportive children, you can seek help from community workers, criticize and educate your children, and assist with community supervision.
2. File a civil lawsuit. The elderly can entrust lawyers to sue the court for incomplete support duties of their children. The supporter does not perform the maintenance obligation, and the elderly have the right to require the supporter to pay maintenance.
3. Investigate criminal responsibility. For those who are old, young, sick or otherwise unable to live independently, they have the obligation to support but refuse to support them. If the circumstances are bad, they shall be sentenced to or sentenced to five years in prison. Children who do not fulfill their maintenance obligations may constitute abandonment.