Can a separation agreement exempt children from maintenance obligations?

My husband and I have 3 sons and 2 daughters. My husband died in 2005. Shortly after his death, the five children agreed to separate their families, and my maintenance was borne by the eldest son and second son. My little son didn t make him burden because he didn t get financial help from my husband and me. Who knew that soon after the agreement was signed, the eldest son and second son died one after another. Now I can t live on my own monthly pension. But the younger son said that the separation agreement had relieved him of my maintenance responsibility. Excuse me, can this division agreement relieve him of his maintenance obligations?

China s Law on the Protection of the Rights and Interests of the Elderly stipulates that a caretaker must not refuse to perform maintenance obligations on grounds of renunciation of inheritance or other reasons. The supporter does not perform the maintenance obligation, and the elderly have the right to require the supporter to pay maintenance. Dependants should fulfill their obligations of financial support, daily care and spiritual comfort to the elderly, and take care of the special needs of the elderly. It can be seen that the maintenance of parents is a legal obligation of children. The separation agreement that your five children have entered into cannot confirm your waiver of the right to ask for support from your younger son, and it is also contrary to the law. You can ask the younger son to support.

Leave a Reply

Your email address will not be published. Required fields are marked *