brief introduction
Name: Cai Rutang
Position: Lawyer of Anhui Dasen Law Firm
Resume: Anhui Dasen Law Firm, currently the director and senior partner of Anhui Dasen Law Firm, distinguished professor of China University of Science and Technology, arbitrator of Hefei Arbitration Commission, and deputy director of the Legal Committee of Project Investment and Project Construction of Anhui Lawyers Association. Lawyer Cai is proficient in English, has a solid legal foundation, and has deep attainments in civil and commercial law, economic law, especially financial law, insurance law and company law, and has published many papers. Successfully handled hundreds of complicated litigation and non-litigation civil and commercial cases, involving finance, insurance, company mergers and acquisitions, enterprise bankruptcy, enterprise restructuring, engineering, real estate, environmental pollution, demolition and land acquisition and criminal defense, and accumulated rich experience in handling cases.
Mother-in-law is partial to brother-in-law. Can she bear this support alone?
The audience asked me that I was from Hefei and had problems with my mother-in-law. I feel that her mother-in-law is eccentric, and the compensation for land acquisition is only given to her brother-in-law. We put forward that money can be dispensed with, regardless of follow-up support. Excuse me, counselor, can we do this?
The lawyer replied that the audience here clearly told you that this idea is wrong and does not conform to the traditional virtue of filial piety and love for parents in China. According to the Marriage and Family Law, every child has the obligation to support the elderly, which has nothing to do with how the property of the elderly is distributed. In terms of ownership, he is free to dispose of the elderly, even his inheritance, and he can designate any heir by making a will. As long as you are his child. Even if you don't inherit a penny, you have a legal obligation to support. Children supporting the elderly does not mean that you should inherit property to support the elderly, but because your parents raised you when you were a child, so you have legal and moral obligations to support you.
The Marriage Law stipulates that all children have the obligation to support their parents. However, in real life, many people have not fulfilled their support obligations. Some people think that married daughters are all spilled water and there is no need to provide for the elderly. There are also some people who have a bad relationship with their parents since childhood, but they don't care about their parents when they grow up ... Because their children have a wrong understanding of supporting the elderly and don't fulfill their obligations, many elderly people live a hard and lonely life in their later years. The following are some misunderstandings about supporting the elderly.
Gold "is illegal.
One of the misunderstandings of knowledge popularization: the married daughter does not support it.
Zhang Laohan and his wife are an ancient rural couple with three sons and one daughter. The youngest son has suffered from dementia since he was a child, and the other two sons are both farmers in this village, so they are short of money. My daughter went to work in the city in her early years, and her living conditions were good. For many years, Zhang Laohan and his wife have been taken care of by their two eldest sons. As they grow older, they have to raise their youngest son with dementia, and the old couple's life in their later years is becoming more and more difficult. To this end, Zhang Laohan repeatedly went to the city to ask his daughter to bear part of the responsibility of raising, but her daughter thought that she was married and no longer assumed the obligation of raising. In desperation, Zhang Laohan and his wife took their daughter to court.
Comments: The Marriage Law stipulates that all children have the obligation to support their parents. The children mentioned here include married and unmarried adult children, as well as adopted children and stepchildren. Therefore, it is wrong to think that a married daughter has no obligation to support her parents.
The second misunderstanding: parents don't support it when they remarry.
After his wife died, Lao Wang was introduced to marry Liu, who had been widowed for many years and had no children. Because of Liu's weak health and meager income, the lives of the two old people are very difficult. Lao Wang asked his children to fulfill their maintenance obligations, but they all refused on the grounds that their father remarried.
Comments: Article 13 of the revised Marriage Law stipulates: "Children shall respect their parents' marriage rights and shall 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. "
The third misunderstanding: unfair separation, no support.
In urban families, some children work earlier. When parents buy household appliances, houses and other bulk property, their children give their parents income such as wages, so that the income can also be used for family investment. When separated, some old people distribute their property equally to all their children, resulting in disputes. In rural families, sons are arranged by their parents to get married, and they separated soon after marriage. In real life, some children often refuse to perform their maintenance obligations on the grounds of parents' partiality and unfair separation.
Comments: Supporting the elderly and dividing property are different legal relationships. Support is a legal obligation that children must fulfill to their parents; Property distribution is the distribution of family property and a pure property relationship. No matter whether you are separated or not, you can't be exempted from the obligation of raising children.
Myth 4: Don't take care of children, don't support children.
Nowadays, many young couples don't understand their parents' physical condition and their difficulties in life and income, so they push their children's tasks such as eating and drinking, school transportation and daily management to their parents. If the old man doesn't handle the children properly and is slightly unfair, if he has children, he will say, "parents should support whoever takes care of them." The implication is that if parents don't take care of their children, they don't have to bear the obligation of support.
Comments: According to the law, grandparents have no legal obligation to support their grandchildren when their parents are alive and capable of raising them. Therefore, it is unreasonable not to fulfill the obligation of supporting the elderly on the grounds that the elderly do not take care of their children.
The fifth misunderstanding: no inheritance, no support.
Mrs. Chen, who is over eighty, has two sons. His wife died six years ago, and Mrs. Chen has been living with her eldest son. The eldest son and his wife are both employees of the company and have little income. In recent years, they have to support their two children to go to college, and their lives are tight. Mrs. Chen's second son drives a taxi, which costs more than 2000 yuan a month. To this end, Mrs. Chen repeatedly asked her second son to fulfill the obligation of raising, but the second son refused on the grounds of giving up inheriting his parents' inheritance. The old man took his second son to court in a rage. After the court accepted the case, Mrs. Chen's second son was given legal education many times, and finally the two sides reached a support agreement.
In real life, some children refuse to fulfill their obligation to support their parents on the grounds of giving up their inheritance rights. In fact, this is forbidden by law.
Comments: Inheritance right is a right given to citizens by law, and parents and children can inherit each other's inheritance. Children voluntarily giving up this right is a legal punishment for their inheritance right, which is allowed by law. But we can't fight against the statutory maintenance obligation on the grounds of giving up the inheritance right. In this regard, Article 15 of the Law on the Protection of the Rights and Interests of the Elderly clearly stipulates: "A supporter may not refuse to perform his maintenance obligations by giving up his inheritance rights or for other reasons. If the supporter fails to perform the maintenance obligation, the elderly have the right to ask the supporter to pay alimony. "
(Information from Zhaofa.com)
How should children support the elderly?
Supporters should support the elderly economically and ensure their basic living needs. The basic living standard of the elderly should be equivalent to the average basic living standard of their family members.
For elderly people living alone with no economic income or low income, the supporter shall pay alimony monthly. The supporter may sign an agreement to fulfill the obligation of support, and obtain the consent of the elderly. The elderly can also ask the supporter to issue a written support guarantee. The residents' committee, villagers' committee or the organization where the supporter belongs shall supervise the implementation of the agreement and maintenance guarantee.
The supporter should take care of the daily life of the elderly, and the supporter should take care of the elderly who are sick or unable to take care of themselves. Supporters have the obligation to cultivate the fields contracted by the elderly, take care of the trees and livestock of the elderly, and the income belongs to the elderly. If it is difficult for the supporter to perform the obligations in the first and second paragraphs of this article in person, he may entrust others to perform it on his behalf and pay the required expenses. Supporters and their family members shall not ask the elderly to undertake work beyond their authority.
Supporters and their family members should give spiritual comfort to the elderly and create a harmonious and friendly family atmosphere.
The above is an introduction to several misconceptions and how to provide for the aged. Supporting the elderly is a civic obligation stipulated by law, and being supported is the right that the elderly should enjoy. Everyone will grow old, and I believe no one wants to be left out by their children in their later years.
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