The stepfather divorced his mother
Whether the stepchild still wants to do it
Maintenance obligation?
The autumn breeze blows, and the chrysanthemum blooms
It's another year of the Double Ninth Solstice
Filial piety comes first
Supporting one's parents is a traditional virtue of the Chinese nation
It is also a legal obligation that adult children must fulfill
But in remarried families
If the remarried couple is divorced
Whether the stepchild still needs to support the stepparent
People's Court of Wuming District, Nanning City
One such case was decided
Basic facts of the case
(Picture from the Internet)
Li is the biological father of Li, and Long is the biological mother of Pan A and Pan B. Since 2005, Pan Mou A and Pan Mou B have accompanied their mother Long Mou and moved to Li's house and began to live together. In 2010, Li and Long registered their marriage. And in 2019, the parties registered their divorce again. After the divorce, Li lived alone and suffered from a variety of chronic diseases, and barely lived on the maintenance income of scattered agricultural machinery and Li's occasional maintenance relief.
Li believes that he raised Pan Mou A and Pan Mou B with hard work, but they did not fulfill their support obligations after they joined the work as adults. Therefore, Li sued Li, Pan A, and Pan B in the Wuming District Court, demanding that the three perform their maintenance obligations and pay 500 yuan per month for each of them.
However, Pan Mou A and Pan Mou B believe that they did not actually enjoy the upbringing, education and care of their former stepfather, and their daily life and education expenses all come from the land contracting fees and land requisition compensation fees in their hometowns. Mother Long divorced because Li was not good to the two and had many disputes every day, which led to broken feelings. Therefore, he does not need to fulfill his obligation to support Li.
Heard by the courts
After trial, the Wuming District Court held that the children had the obligation to support their parents. Parents who fail to perform their obligation to support their adult children, who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children. The rights and obligations relationship between the stepfather or stepmother and the stepchildren who are raised and educated by him shall be governed by the provisions of the Civil Code of the People's Republic of China on the relationship between parents and children.
In this case, Pan X A and Pan X B were 11 years old and 7 years old respectively when they went to live with their mother, and when Li X and Long X remarried, they were 16 years old and 12 years old respectively, and both were minors. Li is Li's biological son, and Li has also fulfilled his obligation to support him. Now that Li is old and suffers from a variety of diseases, he is unable to afford his own life, and his request for alimony from the three defendants is supported by the law.
With regard to the amount of alimony, because Li did not provide the standard for calculating his alimony, the amount to be shared by the three defendants was comprehensively determined based on Li's income and actual needs, the length of time that Li had formed a dependency relationship with Pan X A and Pan X B after remarriage, and with reference to the per capita consumption expenditure of rural residents in Guangxi in that year and deducting the pension insurance enjoyed by Li.
To sum up, the court ruled that the defendant Li XX should pay Li 500 yuan per month, Pan X A should pay 155 yuan per month, and Pan X B should pay 257 yuan per month.
Later, Li believed that the court of first instance ruled that the monthly alimony paid to him by the three defendants was too low, and that the alimony in this case should be calculated according to the standards for urban residents in accordance with the calculation standards for personal injury compensation items in road traffic accidents in Guangxi Zhuang Autonomous Region and the interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, so he appealed to the Nanning Intermediate People's Court.
The court of second instance held that the above provisions were applicable to personal injury compensation cases, not to alimony cases, so they were not supported. The facts ascertained in the first-instance trial case were clear and the law was correctly applied. In summary, Li's appeal was rejected and the original judgment was upheld.
What the judge said
In trial practice, the court will make a comprehensive determination based on the actual circumstances such as whether the stepchild is an adult, the length of time the parties have lived together, whether they have actually accepted care and nurturing in life, and the degree of family harmony. Normally, a child who has been raised by a stepparent and lives independently is obligated to support the stepparent, even if the biological mother is divorced from the stepparent.
In this traditional festival of respecting and loving the elderly, we are not only celebrating a festival, but also conveying a deep affection and endless respect and love for the elders.
For children, it is the child's obligation to provide financial support, life care, spiritual comfort for the elderly, care for the physical and mental health of their parents, and let the elderly have something to rely on and be at peace. Of course, conflicts between family members will inevitably arise over one or another issue, but they should all be properly resolved through negotiation on this basis.
For the elderly, lack of ability to work and living difficulties, parents can ask their adult children to pay a certain amount of alimony as long as one of the conditions is met. If the child fails to fulfill the maintenance obligation, the parents can seek help from the local grassroots organization, and the grassroots organization will mediate, and if mediation is not possible, the parents can file a lawsuit with the court.
In this wonderful festival
Let's all wish well
Home and everything is prosperous, the year is chongyang, and the love is stronger!
END
Source: Wuming Court, Guangxi High Court
Editor: Gui Xiaowen
Proofreading: Yu Yue
Preliminary review: Wu Bin
Re-examiner: Geng Boying
Final review: Zhuo Xiaoyang
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