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What is the obligation of child support
Time:2025-08-28 Views:1929
Introduction: The Constitution of our country stipulates in its provisions on the obligation of support that adult children have the obligation to support and assist their parents. The Marriage Law of China also stipulates that children have the obligation to support and assist their parents. When children fail to fulfill their obligation to support their parents, parents who are unable to work or have financial difficulties have the right to demand that their children pay alimony. So what does the obligation of support mainly refer to?
The main content of support and assistance refers to the economic and social conditions under which children should provide necessary daily necessities and expenses for their parents, and show respect, care, and concern for their parents in terms of life, spirit, and emotions. Adult children who have the ability to bear the economic burden, regardless of gender, married or unmarried, should fulfill this obligation to the best of their ability in accordance with the law when their parents need to support them until their parents' death.
1、 Scope of child support obligations
Article 21 of the Marriage Law of the People's Republic of China stipulates: "Parents have the obligation to raise and educate their children; children have the obligation to support and assist their parents. When parents fail to fulfill their obligation to raise their children, minors or children who cannot live independently have the right to demand that their parents pay child support. When children fail to fulfill their obligation to support, parents who are unable to work or have difficulty living have the right to demand that their children pay child support." From this provision, it can be seen that children have the right to demand that their parents be raised, and parents have the right to demand that their children be supported. Moreover, such rights and obligations are not equal, and parents will not be exempted from their child support obligations because they have not fulfilled their obligation to raise and educate their children.
Article 26 of the Marriage Law of the People's Republic of China stipulates: "The state protects legal adoption relationships. The rights and obligations between adoptive parents and adopted children shall be governed by the relevant provisions of this Law on the relationship between parents and children. The rights and obligations between adopted children and biological parents shall be extinguished upon the establishment of the adoption relationship." From this provision, it can be inferred that only when a child is legally adopted by another person, the rights and obligations between the child and biological parents shall be extinguished.
The second paragraph of Article 27 of the Marriage Law of the People's Republic of China stipulates that "the rights and obligations between stepfathers or stepmothers and their stepchildren who are raised and educated by them shall be governed by the relevant provisions of this Law on the relationship between parents and children." The first paragraph of Article 14 of the Adoption Law of the People's Republic of China stipulates that "stepfathers or stepmothers may adopt stepchildren with the consent of their biological parents..." According to these two legal provisions, it can be inferred that if stepparents have raised and educated their stepchildren, they may enjoy the right to be supported by their stepchildren; Stepparents can adopt stepchildren, and the formation of a custody relationship with stepchildren is not equivalent to the formation of an adoption relationship. If an adoption relationship cannot be formed, the rights and obligations between stepchildren and their parents cannot be eliminated.
2、 The obligation of supporting parents after remarriage
Article 30 of China's new Marriage Law stipulates that children should respect their parents' marriage rights and shall not interfere with their parents' remarriage or post marriage life. The obligation of children to support their parents does not terminate due to their parents' marital relationship. From this, it can be seen that the right of parents to be supported is protected by law. Regardless of whether parents remarry or not, the obligation of children to support their parents always exists. Children cannot use their parents' remarriage as an excuse not to fulfill their obligation to support their parents. In addition, according to the relevant provisions of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly, the obligation of the caregiver to support the elderly shall not be eliminated due to changes in their marital relationship.
Article 21 of the Marriage Law stipulates: "Parents have the obligation to raise and educate their children, and children have the obligation to support and assist their parents." The relationship between parents and children is based on blood relations and will not change due to parents' remarriage or divorce. Therefore, all economically capable children should provide support to their parents who have lost their ability to work and are unable to sustain their livelihood. For parents who do not live together, a certain amount of alimony should be paid based on their actual living needs and the child's ability to bear the burden. The alimony should not be lower than the child's or the local average living standard.
3、 Youngsters' support for elders
The Marriage Law stipulates that grandchildren who have the ability to bear the burden have the obligation to support their deceased grandparents.
This kind of support is conditional, that is, grandchildren must have the ability to bear the burden, and the children of grandparents and great grandparents have already died.
Summary of knowledge: The obligation of children to support their parents not only occurs between children born in marriage and their parents, but also between children born out of wedlock and their biological parents, between adopted children and their adoptive parents, and between stepchildren and stepparents who have fulfilled their obligation to support and educate their parents. In order to protect the legitimate rights and interests of the dependents, the Marriage Law stipulates that parents who are unable to work or have difficulty living have the right to demand that their children pay alimony when they fail to fulfill their obligation to support them. For those who refuse to comply, they can be resolved through litigation. If the circumstances are severe and constitute a crime, they will be held criminally responsible in accordance with the law.
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