Case review: Aunt Wang is nearly seventy years old. When he was young, he married Cai and had a son Cai Mouyuan. When Cai Mouyuan 14 years old, Aunt Wang remarried to Liang and had a son Liang Mosi.
Decades later, Aunt Wang could not live alone because of rheumatism, and asked Cai Mouyuan and Liang Mosi to fulfill their maintenance obligations.
Unexpectedly, the two sons took turns to raise them for several years, and then there was a contradiction. Cai Mouyuan said, "You remarried when I was a teenager, and now you want me to support you. Why? " After that, Cai Mouyuan refused to fulfill the responsibility of raising and sent Aunt Wang directly to Liang Mousi's home.
Accordingly, Aunt Wang was very helpless and prepared to sue her eldest son, Cai Mouyuan, to pay alimony to 800 yuan every month.
So, will the court support Aunt Wang's request?
Lawyer Chen of Chongqing Hanfeng Law Firm: Some people think that after their parents remarried, they broke away from their original family relationship. The problem of providing for the aged should be borne by the children of their newly formed families, and they have no obligation to support them. This view is wrong. First of all, we must understand that parents have the right to choose their marriage freely, and whether parents remarry or not, children must fulfill their maintenance obligations.
Article 30 of the Marriage Law stipulates that children should respect their parents' marriage rights and may not interfere with their parents' remarriage and married life. Children's obligation to support their parents shall not be terminated by the change of their parents' marital relationship. At the same time, Article 21 of the Law on the Protection of the Rights and Interests of the Elderly stipulates that the freedom of marriage of the elderly is protected by law. Children or other relatives shall not interfere with the divorce, remarriage and married life of the elderly. The maintenance obligation of the supporter is not eliminated by the change of the marital relationship of the elderly.
It should be noted that China's Constitution stipulates that adult children have the obligation to support and assist their parents. The Law on the Protection of the Rights and Interests of the Elderly stipulates that supporters should fulfill their obligations of financial support, life care and spiritual comfort for the elderly and take care of their special needs. When parents need support, children with financial ability should try their best to fulfill this obligation according to law until their parents die. Refuse to perform, can be resolved through litigation. If the circumstances are vile and constitute a crime, criminal responsibility shall be investigated according to law.
Related extension: the elderly have no children under their knees, who should they find to fulfill their support obligations?
Lawyer Chen: You can sign a legacy support agreement.
Previously, the Civil Code improved the system of legacy support agreement, appropriately expanded the scope of dependents, and made it clear that organizations or individuals other than heirs could become dependents. According to the agreement, the organization or individual has the obligation to support the natural person and the right to be bequeathed.