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What is alimony？ What is the standard for alimony？
Time:2025-09-01 Views:1362
Introduction: According to the Marriage Law of the People's Republic of China, "children have the obligation to support and assist their parents. When an elderly person is of an age without the ability to work and has no salary income or insufficient income to support their living expenses, their children should fulfill their obligation to support the elderly and pay a certain amount of support on time.
1、 What is alimony?
Alimony refers to the provision of necessary living expenses for parents by their children economically, that is, assuming certain economic responsibilities, providing necessary economic assistance, and giving material financial support.
2、 The obligation of children to support their parents as stipulated by law
The Marriage Law of the People's Republic of China, revised by the Standing Committee of the National People's Congress in April 2001, stipulates that "parents have the obligation to support and educate their children; children have the obligation to support and assist their parents.
When parents fail to fulfill their obligation to support their children, minors or children who cannot live independently have the right to demand that their parents pay child support.
Parents who are unable to work or facing financial difficulties have the right to demand that their children pay alimony when they fail to fulfill their obligation to support them. ”
The law stipulates that "if the victim requests the abandonment of a family member, the people's court shall make a judgment in accordance with the law to pay maintenance fees, child support fees, and child support fees
For those who refuse to execute judgments or rulings related to support, upbringing, alimony, property division, inheritance, and visiting children, the people's court shall enforce them in accordance with the law. Relevant individuals and units shall be responsible for assisting in the execution
3、 Standards for alimony:
According to the Marriage Law of the People's Republic of China, parents have the obligation to raise and educate their children, and children have the obligation to support and assist their parents. The person who is responsible for supporting or nurturing the above-mentioned relationship shall bear the responsibility of supporting or nurturing in accordance with the law. If the average monthly income of the person being supported or the family of the caregiver is lower than the minimum living guarantee line, the support or nurturing fees that the person who is responsible for supporting or nurturing shall be calculated according to the following method:
Calculation of alimony: Firstly, calculate the per capita monthly income of the child's family. When the per capita monthly income of the child is below the minimum living allowance line, it is considered that the child is unable to provide alimony to their parents. When the per capita monthly income of a child's family exceeds the minimum living allowance line, the excess amount will be calculated as 50% of the alimony for families with two or fewer children; For those with three or more children, the alimony shall be calculated at 40%. The amount of alimony payable is divided by the number of dependents to determine the amount of alimony paid to each dependent.
The standards for determining alimony by the people's court include: the local economic level, the actual needs of the dependents, and the financial ability of the dependents.
4、 The payment of alimony is divided into six aspects:
（1） Basic alimony for the elderly;
（2） The cost of treating illnesses in the elderly;
（3） Nursing expenses for elderly people who cannot take care of themselves;
（4） Housing expenses for the elderly;
（5） Necessary spiritual consumption expenses;
（6） Necessary insurance premiums.
The above is an answer to the question "What is alimony? What are the standards for alimony?" If there is a dispute over alimony between the supporter and the dependent, they can first negotiate and handle it. If the negotiation fails, they can request the court to make a judgment through litigation procedures.
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