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The law does not support the purchase of support obligations
Time:2025-08-28 Views:1053
Wang Lin and his wife have two sons, both of whom are physically weak and do not have a comfortable life. Especially after their eldest son gets married, their financial situation becomes even more difficult. In 2003, his youngest son Wang Dongcheng, who was already 32 years old, finally found a partner. At that time, the woman proposed a condition for her youngest son to get married, which was to "buy out the obligation to support the elderly in one lump sum" before getting married, so that if the two elderly people needed money in the future, it had nothing to do with them. In order for their son to marry a wife as soon as possible, Wang Lin and his wife agreed to this condition and signed a support agreement. The main content was that their youngest son Wang Dongcheng would give his parents a one-time pension of 20000 yuan and promise not to ask for money from him in the future. However, since 2008, her mother's condition with hypertension has been worsening. In the past two years, she has spent more than 50000 yuan on treatment. In addition to her eldest son contributing over 40000 yuan, there is also 16000 yuan borrowed. When his father Wang Lin went to discuss with his youngest son Wang Dongcheng and his wife, they said that their obligation to support them had been bought out and they did not agree to pay for their mother's medical treatment again. Due to unsuccessful negotiations, Wang Lin and his wife filed a lawsuit in court, demanding that the two defendants pay medical expenses of 16000 yuan and an annual alimony of 2880 yuan.
After trial, the court held that according to the Marriage Law of China, children have the obligation to support their parents. The obligation of adult children to support their elderly or financially disadvantaged parents is a mandatory legal provision that cannot be waived by agreement or any other means between the parties involved. The two defendants have both the ability to work and a certain source of livelihood, and they should fulfill their legal obligation to support their parents. Therefore, the two defendants' refusal to fulfill their obligation to support their parents by signing a "one-time buyout" agreement is neither legal nor reasonable. Therefore, the court made a ruling in support of the plaintiff's lawsuit and ordered the two defendants, Wang Dongcheng and his wife, to pay the plaintiff 26000 yuan in medical expenses and 2880 yuan in annual alimony. Sichuan Faneng Law Firm is dedicated to serving you.