In January 2016, the 80-year-old Zhang and his wife sued on the grounds that their son had never fulfilled their maintenance obligations, asking the court to order the son to pay a monthly maintenance fee of 500 yuan for 20 years. There are different perspectives on when alimony is calculated. One view is that it should be counted from when the plaintiff reaches the legal retirement age. Another view is that it should be counted from the date the plaintiff sued in court. The editor of Hualu.com believes that the starting time of maintenance should be comprehensively determined based on the living conditions of the dependents.
There are various forms of maintenance obligations, and payment of maintenance is just one of them. According to the relevant provisions of the Law on the Protection of the Rights and Interests of the Elderly in China, in addition to financial support, supporters also include medical care, living care, housing care, mental care and field care. The function of alimony is to make up for the financial difficulties of the elderly and focus on future life issues. Therefore, it is not natural for the elderly who have reached the legal retirement age to need financial assistance. If the old man who has reached the legal retirement age can satisfy his or her life through endowment insurance or through his own labor, in this case, he does not need the supporter to provide maintenance for financial assistance. This can also encourage the elderly to become self-reliant within their means. On the other hand, if maintenance is counted from the age of statutory retirement, some maintenance dispute c ases even claim decades of maintenance, if supported, it may increase the burden on the supporter and cause difficulties. In addition, the renewal of the long-term maintenance payments is not conducive to the maintenance of family relationships.
赡 Elderly care is a legal obligation that children should fulfill, and it is also a basic requirement of the traditional morality of the Chinese nation. Family conflicts caused by maintenance disputes are family disputes. Compared with ordinary civil disputes, family disputes are more closed, emotional, and affectionate, and have the dual characteristics of strong self-repair and strong personal dependence. Therefore, family disputes are more appropriate to be resolved through negotiation and communication, such as reconciliation and mediation. If the alimony is counted from the date the dependent filed a lawsuit in the people s court, it will force the elderly to seek judicial remedy through litigation when they encounter a maintenance dispute, thus deviating from the best way to resolve family disputes. On the other hand, although our country s socialist concept of the rule of law is getting more and more popular, the dissatisfaction with litigation still exists to a certain ext ent, especially in the vast rural areas. Maintenance disputes are brought to justice through litigation. The family ugly unexplainable mentality will intensify the contradictions between the two parties, which is not conducive to dispute resolution and is not conducive to family harmony.
The maintenance obligation is due to the living difficulties of the dependents. The starting time should be determined based on the living conditions of the dependents and cannot be generalized.
The maintenance is to solve the problem that the dependents cannot make ends meet and their lives are in trouble. The dependents provide financial assistance to help the dependents maintain a normal life. In other words, the obligation to pay for maintenance results from the distress of the dependants and the need for financial assistance. Therefore, when can the maintenance be counted, it cannot be generalized, and it should be determined when the dependant is in a difficult situation according to the specific circumstances of the dependant. When a dependant falls into a dilemma of life, it can be comprehensively determined from the following factors: First, the income of the dependant. Including income such as pension insurance, labor income, deposits, income, and income for dependents. The second is the physical condition of the dependents. If the dependent person is ill and sick, or physically disabled, the adult child should pay alimony even if he has not reached the legal retirem ent age. The third is the living standard of the dependents. It is determined that the starting time of the maintenance should comprehensively consider the living standards of the dependents. The dependents should not only be considered to maintain the most basic life. The living standards of the dependents should be maintained at a level comparable to the previous one, and should not be significantly lower than before. Fourth, the local general living conditions. The general local living conditions are also considered. The dependants life should take into account factors such as local economic development, living conditions and consumption levels.