Our country's laws stipulate the obligations of supporters in detail. The obligation of the supporter is embodied in several aspects:
1. It is necessary to properly arrange housing for the elderly and not force them to move to houses with poor conditions. Children or other relatives shall not occupy the houses owned or leased by the elderly, and shall not change the property rights or lease relationship without authorization. Old people have their own houses, and their supporters have the obligation to maintain them.
2. The supporter shall not ask the elderly to undertake the work beyond their power.
3. The supporter shall not refuse to perform the maintenance obligation by giving up the inheritance right or other reasons. If the supporter fails to perform his maintenance obligations, the elderly have the right to ask the supporter to pay alimony. 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 supporter shall not be eliminated because of the change of the marriage of the elderly.
Children should not only support their parents, but also respect and care for their parents and help them in all aspects of family life. When they are old and sick, they should be given proper care, so that they can be comforted emotionally and spend their old age happily.
5. How to investigate children's failure to fulfill their legal responsibilities of supporting their parents? Parents who need support can mediate through the relevant departments or bring a lawsuit to the people's court. When dealing with maintenance disputes, the people's courts should adhere to the principle of protecting the legitimate rights and interests of the elderly, and make their children fulfill their maintenance obligations according to law through mediation or judgment. Those who refuse to support because of their obligation to support should bear criminal responsibility if the circumstances constitute a crime of abandonment.
Parents have the obligation to raise and educate their children; Children have the obligation to support and assist their parents. Parents who are unable to work or have difficulties in living have the right to ask their children to pay alimony when they fail to fulfill their alimony obligations. If adult children have the ability to support the elderly and refuse to perform their maintenance obligations, the elderly can sue the court and ask their children to perform.
1, it is necessary to draft a civil complaint for alimony;
2. It is necessary to prepare the identity information of both parties of the original defendant (copy of ID card). If there are multiple children, they can all be listed as * * * co-defendants;
3. Collect relevant evidence, such as documentary evidence, physical evidence, witness testimony, etc., that children have not fulfilled their maintenance obligations. Can meet the evidence requirements of the civil procedure law;
4. Bring a lawsuit to the court where the defendant is located. If the children of the elderly are not in the same jurisdiction, they can directly bring a lawsuit to the court where the elderly live.
The materials required to prosecute alimony disputes are as follows:
1. The party who brings a maintenance lawsuit must submit the original complaint to the people's court and provide copies according to the number of defendants.
2. Proof of identity of the plaintiff.
3. Power of attorney and identity certificate of the entrusted agent (if a person other than a close relative is entrusted as an agent, a letter of recommendation from the agent ad litem and a copy of the ID card shall be provided; If a close relative is entrusted, a copy of the client's ID card shall be provided; If the entrusted agent is a lawyer, a letter issued by a law firm shall be provided).
4 proof of the existence of maintenance relationship (household registration book, unit, neighborhood Committee, village Committee certificate or relevant legal documents).
5. Monthly economic income and proof. If there is a job, the unit or employer will issue a certificate, and if there is no job, the neighborhood Committee or village Committee will issue a certificate.
6. If the amount of expenses is required to be changed, the original conciliation statement, judgment or other supporting materials shall be provided.
7. Proof of income, body and residence of the dependents.
Model document
Model alimony complaint
Original report: Liu xx, female, Han nationality, 1933, 10, 17, born in Chenzhou, now lives in xx.
Defendant: Guo xx, female, Han nationality, from Chenzhou, now living in xx. Tel: xx.
Cause of action: alimony dispute
ask
1. Ask the defendant to bear half of the plaintiff's living expenses, that is, pay the plaintiff's living expenses 54 14 yuan every year, and pay the living expenses of the current month before the 5th of each month.
2. Request the defendant to bear half of the plaintiff's medical and nursing expenses.
The legal costs of this case shall be borne by the defendant.
Facts and reasons
The plaintiff married her husband and had a son and two daughters, both of whom had married and established their families. In 2008, the plaintiff's husband died unfortunately. 1999 My son died in a traffic accident. The eldest daughter, Guo xx, is an employee of xx, her husband is xx, her son is an adult, and her family's economic conditions are good. The second daughter, Guo xx, is a laid-off female worker whose husband died in a car accident a few years ago. Before April of 20 10, the plaintiff was raised by the defendant and his second daughter Guo xx in turn every year. In April of 20 10, it was supposed to be the defendant's turn to support the plaintiff for one year, but the defendant refused to support and pay alimony. Although several relatives did the defendant's ideological work, the defendant still refused to perform his maintenance obligations. The plaintiff is 77 years old and has lost his ability to work because of his weak body. She only lives on subsistence allowance every month. Now I can't take care of myself at all, and I need personnel to take care of my daily diet. Now the defendant lives with his second daughter, Guo XX, who is responsible for the plaintiff's diet and daily life.
Article 1067 of the Civil Code stipulates that children have the obligation to support and assist their parents. Parents who are unable to work or have difficulties in life have the right to ask their children to pay alimony when they fail to fulfill their alimony obligations. Article 15, paragraph 2, of the Law on the Protection of the Rights and Interests of the Elderly stipulates that if the elderly fail to perform their maintenance obligations, they have the right to ask their supporters to pay alimony. Article 12 of the Law on the Protection of the Rights and Interests of the Elderly stipulates that the supporter shall provide medical expenses and care for the sick elderly. The above-mentioned laws clearly stipulate that children have the obligation to support their parents, and it is the tradition of the Chinese nation to respect the elderly, so the defendant should fulfill the legal obligation to support them.
To sum up, the defendant's failure to support his parents violated the law. In order to safeguard their legitimate rights and interests, the plaintiff brought a lawsuit to your hospital and requested a judgment as an application.
Zhezhi
XXX people's court
Shaping people:
Date 20 10