Respecting the old is the traditional virtue of our citizens. Safeguarding the legitimate rights and interests of the elderly is guaranteed by the law on the Protection of the rights and interests of the elderly and other laws and regulations. Not to support the elderly is an illegal act, so how to support the elderly, what are the legal provisions for supporting the elderly? Next, follow the small series of Hualu network to have a look.

What are the legal provisions for supporting the elderly

Article 14 of China's Law on the Protection of the Rights and Interests of the Elderly stipulates: "The dependants refer to the children of the elderly and other persons who have the legal obligation to support them." Children refer to children born in wedlock, children born out of wedlock, adopted children and stepchildren who have the obligation to support according to law. Other persons who have the obligation to support according to law refer to the grandchildren and grandchildren of the elderly.

1. Children

Article 21 of China's Marriage Law stipulates: "Children have the duty to support and assist their parents." In practice, the following six issues related to children's fulfillment of maintenance obligations need to be clarified:

(1) If the parents are unable to bring up their children when they are young, the children shall fulfill their maintenance obligations after independence.

Although the "Marriage Law" provides equal rights and obligations for parents and children to support each other, it does not mean that these two rights must be "equal exchange", and children cannot take whether their parents have fulfilled the duty of rearing and education for them as the premise of fulfilling their duty to support their parents. Therefore, children's obligation to support their elderly parents may not be relieved on this ground.

(2) Whether children have the obligation to support their elderly parents if their parents' wrongful acts cause mental or physical harm to them.

In the process of bringing up their children, parents whose ordinary wrongful acts have caused mental harm to their children, when the children come of age, they shall conscientiously fulfill the obligation to support their elderly parents. However, parents who have committed crimes that seriously hurt the feelings and physical and mental health of their children have, in principle, lost the right to claim the support of the murdered child. These include: parents committed the crime of killing the child, the father raped the daughter, the parents committed the crime of abuse, abandonment of the child and so on.

3, there is no economic income of married daughters have maintenance obligations.

If a married daughter has no income herself, it cannot be used as a reason for refusing to perform the duty of supporting her elderly parents. Because the housework they engage in has the same value as the labor of the husband to seek means of subsistence, the income from the husband's labor is the joint property of the husband and wife, and the husband and wife have equal rights to dispose of the joint property of the husband and wife, and can pay alimony from the joint property of the husband and wife.

4, the support of parents can not be "separated" as a condition.

It is a legal duty for children to support their parents, regardless of whether the parents have property, whether the family has been separated and whether the family separation is fair.

5. How do children share the maintenance and support obligations?

If parents have more than one child, they shall jointly undertake the obligation to support and assist the parents; The amount of obligations to be borne by each child shall be negotiated according to the living and economic conditions of each child. Children should not be measured by their parents' care and affection for them when they were young, or the amount of financial support during marriage.

As for the way of supporting parents, depending on the specific circumstances, a certain amount of maintenance may be paid regularly for children who are not with their parents; Children who live with their parents should also take regular care of their parents' lives. When the parents are ill and cannot take care of themselves, the children shall, in addition to sharing the medical expenses, operation expenses and hospitalization expenses required for their treatment, bear the obligation of caring for and nursing their parents.

6. Whether the daughter-in-law (son-in-law) has the obligation to support the in-laws (in-laws) after the death of the son (daughter).

The relationship between daughter-in-law (son-in-law) and in-laws (in-laws) is an in-law relationship established by marriage. After the death of the son (daughter), the marriage relationship between the son (daughter) and the daughter-in-law (son-in-law) is eliminated, so that the in-law relationship between the daughter-in-law (son-in-law) and the in-laws (parents-in-law) no longer exists.

Whether a daughter-in-law (son-in-law) bears the obligation to support her parents-in-law (in-laws) is not clearly stipulated in Chinese law. Therefore, the daughter-in-law (son-in-law) cannot be forced to undertake this obligation.

2. Stepchildren

The relationship between stepparents and stepchildren is formed when the biological father or mother of the factor child remarries.

Article 27, paragraph 2, of the Marriage Law stipulates: "The relevant provisions of this Law on the relationship between parents and children shall apply to the rights and obligations of the stepfather or stepmother and the stepchildren brought up and educated by them."

According to the provisions of the Law on the relationship between parents and children, the following rights and obligations arise between stepparents and their stepchildren who are brought up and educated by them:

(1) Stepparents shall have the obligation to raise and educate their stepchildren;

(2) Stepparents shall have the right and obligation to discipline and protect minor stepchildren;

(3) The stepchildren shall have the obligation to support and assist the stepparents;

4. Stepparents and stepchildren shall have the right to inherit each other's estate.

In practice, the following two issues need to be clarified:

(1) After the birth parents and stepparents divorce, the stepchildren who are brought up and educated by the stepparents shall perform the duty of maintenance.

The Marriage Law stipulates that the rights and obligations between stepparents and stepchildren are the same as those between parents and children.

When the birth parents and the stepparents divorce, although the stepparent-child relationship no longer exists, the fact that the stepparent-child is raised by the stepparent cannot disappear, and the rights and obligations formed between the stepparent and the stepparent cannot be terminated naturally.

Therefore, when the natural parents and the stepparents divorce, the stepparents who have been brought up and educated by the stepparents and are able to afford to grow up, should do their duty to support and assist the old, frail and difficult stepparents.

(2) Whether the stepchildren have the obligation to support the stepparents who have not fulfilled the obligation of supporting them.

The stepparent child relationship is the relationship between the children and the stepfather or stepfather due to the remarriage of the biological father or mother.

According to the law, the relationship between the stepparents and the stepchildren who are not brought up and educated by them is marriage, and there is no right and obligation relationship between each other.

Therefore, stepchildren who are not raised and educated by their stepparents have no legal obligation to support their stepparents. However, the stepchildren should be encouraged and supported to take the initiative to undertake the obligation of maintenance and assistance.

(3) Other persons who have maintenance obligations according to law

Article 28 of the Marriage Law stipulates that grandchildren and grandchildren who can afford it shall have the duty to support their grandparents and maternal grandparents whose children have died or who are unable to support them.

Thus, it can be seen that grandchildren and grandchildren should meet two conditions for the maintenance obligation of grandparents and maternal grandparents:

1. Grandchildren and grandchildren must be able to afford it.

Grandchildren and grandchildren who cannot afford it, such as minors or mentally ill people, cannot assume the responsibility of supporting their grandparents.

(2) The children of grandparents or maternal grandparents have died or are unable to support them, and they need support.

Grandparents and maternal grandparents who have a fixed income or other sources of income and can take care of themselves in their daily life, their grandchildren and grandchildren may be exempted from the obligation to support.

If the children of their grandparents or maternal grandparents are still alive but have lost their ability to support and assist them, their grandchildren or maternal grandchildren shall also bear this obligation.

There are many ways to support the elderly, of which alimony payment is a major one. The maintenance expenses borne by the dependants are calculated according to the following methods:

What factors should be considered when determining the alimony standard

The criteria for determining alimony by the people's court include: the local economic level, the actual needs of the dependant, and the economic capacity of the dependant.

What kinds of expenses should be included in the calculation of alimony

To know how to calculate the alimony of the elderly, you must first know what expenses are included in the alimony payment. The payment of legal alimony mainly includes:

1. Basic alimony for the elderly. It mainly includes the inevitable cost of food and clothing and daily expenses of the elderly;

2, the elderly sick treatment costs. When the elderly bring a lawsuit to the court for a maintenance dispute, the people's court shall determine the relative fixed medical expenses incurred by the elderly and the necessary expenses for some chronic diseases in the future as the content of payment. For the large medical expenses that may occur in the future, the amount and time of occurrence are in an uncertain state. Therefore, it is generally not possible to support the elderly's request for large medical expenses that may occur in the future. From the perspective of safeguarding the legal rights and interests of the elderly and alleviating the litigation burden of the elderly, this method is feasible.

3, life can not take care of the elderly care costs. If the elderly are unable to take care of themselves, their children have the obligation to take care of their basic life, but if they are unable to take care of themselves for some reason, the relevant expenses incurred by others or pension institutions shall be paid by their children.

4. Housing costs for the elderly. The dependants have the obligation to properly accommodate the elderly. If there is no room for the elderly to live in and the elderly does not have their own housing, reasonable rent expenses shall be included in the maintenance fee.

5, necessary mental consumption expenditure. Spiritual support for the elderly has become an indisputable legal principle, but there are still doubts about whether spiritual support can be judged and how to execute it. The author believes that although the obligation of spiritual comfort is difficult to be enforced, the most basic expenditure of spiritual enjoyment of the elderly, such as cable TV, radio, books and newspapers, can be determined as the content of alimony payment by the obligor.

6. Necessary insurance expenses. In addition to social security, the expenditure of necessary medical care and other insurance benefits for the elderly should also be the cost of maintenance. Insurance not only provides maximum protection for the elderly, but also shares a great risk for the children, which is worth advocating.

For many elderly people, alimony is related to the quality of their later life.

6. How to calculate alimony

First of all, the per capita monthly income of the child's family is calculated. If the per capita monthly income of the child is lower than the minimum living security line, it is deemed that the child is unable to provide alimony to the parents and can not be calculated. If the per capita monthly income of a family with children is higher than the minimum living security line, the excess amount shall be calculated as 50% alimony for those with less than two children; Alimony of more than three children shall be calculated at 40%. The amount of alimony payable is divided by the number of dependents to find the amount of alimony paid to each dependant.