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How to legally not support parents

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How to legally not support parents


        

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  • 2024-06-21 21:01:43

    Children's obligation to support their parents is a legal obligation that children must fulfill according to the law, and it is also the responsibility of every adult to the family and society. Under any circumstances, children should fulfill their obligation to support their parents. If they refuse to support the elderly, the consequences may be serious, which may constitute a crime of abandonment and the possibility of imprisonment.
    For those who fail to perform their obligations of support, the elderly (referring to those who have reached the age of 60) have the right to require their supporters to pay alimony. In case of disputes between the elderly and their family members over support, they may request the relevant departments, such as the unit where the children belong or the neighborhood committee or the villagers committee, to mediate, or they may directly bring a lawsuit to the people's court. After the court finds out the situation, it should force the children to perform the obligation of supporting their parents. According to the local living standards, it can also judge the children to pay a certain amount of alimony according to the application of the elderly for claiming alimony. Before the judgment is made, it should rule according to law that the children should pay a certain amount of alimony in advance to solve the urgent needs of the elderly.
    Not supporting parents is an illegal act in violation of the Marriage Law, but it is not necessarily a crime. If the circumstances are serious, it may be suspected of abandonment.
    Whether the circumstances are bad or not is an important boundary between abandonment crime and non crime. According to the judicial practice experience, the circumstances of abandonment are bad, which means that the victims who are seriously injured or killed due to abandonment have no means to live, are displaced, and are forced to beg along the street, The abandonment means that refuse to correct and make the victim's life in danger are very bad (such as beating, swearing and maltreatment in abandonment), etc.
    Constitution of the People's Republic of China
    Adult children have the obligation to support their parents.
    Marriage Law of the People's Republic of China
    Parents have the obligation to support and educate their children. Children have the obligation to support and assist their parents. When parents fail to perform their duty of support, children who are minors or cannot live independently have the right to ask their parents to pay maintenance fees. When children fail to perform their duty of support, parents who are unable to work or have difficulties in living have the right to require their children to pay alimony.
    Article 261 of the Criminal Law of the People's Republic of China
    [Abandonment crime] Whoever refuses to support a person who is old, young, ill or has no ability to live independently, if the circumstances are flagrant, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.

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    2024-06-21 21:01:43

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