Painted by Li Jiliang
Tianshan.com - reporter of Xinjiang Legal Daily Gong Yanchen, correspondent Wang Ying
Zhang Qiang (not his real name), who is in his 80s this year, did not expect that one day he would go to court with his daughter.
Zhang Qiang has three daughters, among whom Zhang Xiaoli (a pseudonym), the youngest, suffers from a variety of serious diseases and cannot take care of herself. She is unmarried and has no source of income and labor ability. She needs more than 15000 yuan of nursing and medical fees every month. These expenses are borne by Zhang Qiang and Zhang Xiaoli's two sisters, of which Zhang Qiang pays 3000 yuan per month as alimony. However, after his wife died in 2023, Zhang Qiang would not continue to pay his daughter's alimony.
After many unsuccessful communications, in October 2023, Zhang Xiaoli sued her father to the People's Court of Tianshan District, Urumqi City, asking him to pay 5000 yuan per month as alimony.
During the trial, Zhang Qiang said that he was over 80 years old and had reached the age of needing care. After his wife died, he met Li Hong (a pseudonym), a kindred spirit and similar age, and they established a love relationship. After he expressed his intention to marry Li Hong to his daughters, he was opposed. The daughters did not cooperate in canceling the household register of his dead wife and took away the household register. In anger, Zhang Qiang stopped paying Zhang Xiaoli's alimony.
Zhang Qiang believes that his pension should be used for living and curing diseases. The youngest daughter is disabled, but her intelligence is normal, and she can earn income through mental labor. In addition, she has a minimum living allowance.
The Civil Code stipulates that parents have the obligation to support and educate their children. If parents fail to perform the obligation to support their children and adult children who cannot live independently, they have the right to ask their parents to pay maintenance fees. The adult children who are unable to maintain a normal life due to non subjective reasons, such as losing their ability to work, can be identified as "adult children who cannot live independently".
The court held that Zhang Xiaoli had no fixed income because she was disabled, unable to live independently and suffering from a variety of serious diseases that required medication, examination and treatment. In the case that the subsistence allowance alone was not enough to support her, Zhang Qiang should pay alimony. The amount of alimony should be combined with her age, physical condition, income and general local living standard, The actual needs of both parties and the economic source of their children are determined.
The judge told Zhang Xiaoli that the marriage rights of the elderly are protected by law, and their three sisters should respect their father's choice and not hinder their marriage autonomy.
Finally, after mediation, Zhang Xiaoli and Zhang Qiang reached a mediation agreement. Zhang Qiang paid Zhang Xiaoli 3000 yuan of alimony every month. Zhang Xiaoli's three sisters handed Zhang Qiang their household register, mother's death certificate, etc.
Article link: Paragraph 1 of Article 1067 of the Civil Code of the People's Republic of China stipulates that if parents fail to perform their obligations of upbringing, minor children or adult children who cannot live independently have the right to ask their parents to pay maintenance fees.
Article 1069 stipulates that children shall respect their parents' marriage rights and shall not interfere with their parents' divorce, remarriage and married life. Children's obligation to support their parents shall not terminate with the change of their parents' marital relationship.
[Editor in charge: Ning Yanli]
