Based on the provisions of Article 1059 of the Civil Code, the spouse who needs support has the right to ask the other party to pay maintenance fees when the other party fails to perform the maintenance obligations due to old age, disease, lack of labor ability and other reasons that the spouse cannot live independently or has difficulties in living. If the spouse refuses to perform the obligations, they can apply to the procuratorial organ to support the prosecution.

Dispute over alimony between Liu and Fang

Support the prosecution case

1、 Case description:

Liu and her husband Fang got married in 2009. In 2016, Liu was diagnosed with mental illness. In early 2023, she was diagnosed with advanced breast cancer and had no economic income. After Liu fell ill, he was sent back to his parents' home by Fang. From 2019, Fang ignored Liu and did not pay Liu's living and medical expenses. Liu was forced to submit a petition to the court in October 2023, requesting the court to judge that he should pay 55516.28 yuan for medical expenses and 6000 yuan for maintenance every month.

2、 Performance process of procuratorial organs:

Due to the lack of evidence and limited ability to collect evidence, entrusted by Liu, legal aid lawyers applied to the procuratorate for support in prosecution through the procuratorial service e-station. According to preliminary understanding, Liu and Fang are legal couples, who are seriously ill, have no financial resources, and belong to vulnerable groups, which is in line with the scope of prosecution supported by the procuratorial organ. The maintenance fee is related to Liu's life and medical security. In order to solve the urgent problems for the people, the procuratorate quickly made an ex officio acceptance decision.

After quickly verifying the relevant information, the undertaking prosecutor went to Liu's home on the same day to investigate and visit, and further learned that Liu's parents were heavily in debt for his medical treatment, which was now unable to maintain Basic family life and medical expenses of Liu. The prosecutor quickly formulated a work plan to support the prosecution, provided legal guidance and assistance for Liu and his parents at home, explained relevant legal provisions, informed them of the content of supplementary evidence, and suggested that reconciliation should be adopted from the perspective of physical and mental health and family harmony of Liu and his children. If Fang refused to pay maintenance fees, he could also request the public security organ to comply with the Criminal Law Relevant regulations take criminal measures. The procuratorial organ made a decision to support the prosecution in accordance with the law, and delivered the Statement of Support to the Court on November 2, 2023.

After many times of ideological work, under the call of reason and law, Fang agreed to bear part of the medical expenses and pay Liu a monthly maintenance fee. Both parties reached a settlement agreement on November 16, 2023, stipulating that a party would pay 20000 yuan of medical expenses to Liu, and 2000 yuan of monthly maintenance expenses to Liu from December 2023. Later, the court issued a civil mediation statement to confirm its legal effect.

Legal rights and interests shall be protected by law. When the legitimate rights and interests are infringed, you should take up legal weapons to defend your rights!