Relevant provisions of the Marriage Law and the Law on the Protection of the Rights and Interests of the Elderly on maintenance:
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. The supporter shall not refuse to perform the obligation of support by giving up the right of inheritance or other reasons. For those who fail to perform their maintenance obligations, the elderly (people who have reached the age of 60) have the right to ask their supporters to pay maintenance.
If there is a dispute between the elderly and family members due to maintenance, they may ask their children's unit or the residents' committee, villagers' committee and other relevant departments to mediate, or they may bring a lawsuit directly to the people's court. After finding out the situation, the court shall force the children to perform the obligation of supporting their parents, and judge the children to pay certain maintenance expenses according to the local living standard.
According to the application of the elderly to recover alimony, before the judgment is made, the children can be ruled to pay a certain amount of alimony in advance according to law to solve the urgent needs of the elderly.
Secondly, children who abuse or abandon their parents should be investigated for criminal responsibility according to law. Abuse means that children often abuse and humiliate their parents, starve, restrict freedom, insult their personality, etc., physically and mentally. Abandoning parents refers to the serious behavior that children refuse to support because of their obligation to support.
Extended data:
Alimony standard
According to the Marriage Law of the People's Republic of China: "Parents have the obligation to raise and educate their children; Children have the obligation to support their parents. " The maintenance obligor who constitutes the above relationship shall bear the responsibility of maintenance and support according to law. If the per capita monthly income of the dependents or dependents' families is lower than the minimum living security line, the maintenance or maintenance expenses that the maintenance obligor shall bear shall be calculated according to the following methods:
Calculation of alimony. First, calculate the per capita monthly income of children's families. When the per capita monthly income of children is lower than the minimum living security line, it is deemed that children are unable to provide alimony to their parents. When the per capita monthly income of children's families is higher than the minimum living security line, the maintenance fee is calculated at 50% for the excess and less than two children; If there are more than three children, the maintenance fee shall be calculated at 40%. Alimony payable is divided by the number of dependents to get the alimony paid to each dependent.
The standards for determining alimony by the people's court include the local economic level, the actual needs of the dependents and the financial ability of the dependents.
The content of alimony payment is divided into six aspects: (1) basic alimony for the elderly; (two) the cost of treatment for the elderly; (three) the nursing expenses of the elderly who can not take care of themselves; (four) the housing costs of the elderly; (5) Necessary spiritual consumption expenditure; (6) Necessary insurance premium.
Reference source: Baidu Encyclopedia-Marriage Law
Reference source: Baidu Encyclopedia-Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly