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The situation where the obligation to support cannot be exempted
Time:2025-08-28 Views:758
The main situations where children with the ability to support cannot be exempted from the obligation of support are:
(1) Married adult children who do not have economic income themselves, but their spouse's income is sufficient to sustain their livelihood, should also bear the obligation of supporting them.
This is because the income generated during the existence of the marital relationship belongs to the joint property of the couple, and both parties have the right to dispose of the joint property.
(2) One cannot shirk the responsibility of supporting oneself by not raising oneself with parents.
If parents are unable to support their underage children due to financial difficulties, crimes, or other objective conditions, and the children become independent and mature, if the parents meet the requirements for being supported, the children should still fulfill their obligation to support and assist them.
(3) If parents cancel their children's inheritance rights to property, the children still have the obligation to support them.
(4) Children cannot renounce their inheritance of property by declaring that they do not assume the obligation of support. The act of children renouncing their inheritance rights is valid, but the act of not assuming the obligation of support is invalid.
Inheritance right is a legal right granted to citizens, and parents and children can inherit each other's property. The voluntary waiver of this right by children is a legal disposition of their inheritance rights, which is allowed by law. But the abandonment of inheritance rights cannot be used as an excuse to resist the legal obligation of support.
(5) If parents remarry, children cannot refuse to support the elderly. Sichuan Faneng Law Firm is dedicated to serving you.