The elderly who claim alimony from other children after being supported by their widowed daughter-in-law should be supported

The old man claims alimony from other children after being supported by his widowed daughter-in-law , Should be supported .--（2020） Beijing 02 The people end up 9274 Number

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Lawyer Xu Xin |13220730098

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The court of first instance in this case did not support the claim , But the court of second instance supported some of the claims , Logic is that the old man lived with his son and daughter-in-law before he died ,[[ Law on the protection of the rights and interests of the elderly 14]] A daughter-in-law has the obligation to assist her spouse in maintaining , The daughter-in-law performs the obligation of assisting in supporting the elderly before the death of his spouse , Alimony should be paid , After the death of his spouse, he no longer has the obligation to support his father-in-law , It actually fulfilled its maintenance obligations , You can claim alimony from other children of the elderly .

• Alimony is a legal obligation of children to their parents based on blood or support relationship , The amount of alimony should be combined with the number of children and income level 、 The financial source of parents and the actual expenses needed by parents to maintain daily life are comprehensively determined , Not simply considering the income level of children .
• Children have the obligation to support their parents , When a child does not perform the duty of support , Parents who are unable to work or have difficulties in life , Have the right to ask their children to pay alimony .

Legal maintenance obligation refers to the guardianship relationship based on the law 、 Inheritance relationships 、 Parenting relationship , The family relationship formed by equal atoms of rights and obligations involves children and grandchildren 、 The obligation of support and assistance undertaken by the elderly of grandchildren and other people who are legally obligated to support .

Maintenance is a compulsory obligation , The maintenance obligation of the legal maintenance obligor cannot disappear because of the maintenance behavior of others , You cannot refuse to perform your statutory maintenance obligations because of the maintenance behavior of others .

• [[ The civil code 1067 Support of parents and children ]] In the second paragraph , Adult children fail to perform their maintenance obligations , Parents who lack the ability to work or have difficulties in life , Have the right to ask adult children to pay alimony .
• [[ Law on the protection of the rights and interests of the elderly 14]] The first paragraph , The supporter shall perform the duty of providing for the elderly economically 、 The duty of life care and spiritual comfort , Taking care of the special needs of the elderly .

[[ The civil code 26 Legal obligations between parents and children ]] The second paragraph provides that , Adult children have support for their parents 、 Obligation to support and protect ;[[ The civil code 1074 The obligation of bringing up and supporting grandchildren ]] The second paragraph provides that , Affordable grandchildren 、 Grandchildren , For grandparents whose children have died or are unable to support 、 grandparents , Have the obligation to support . Children and grandchildren are the main ones who have legal obligations to support the elderly 、 Grandchildren and other people who are related by blood to the elderly .

[[ Law on the protection of the rights and interests of the elderly 14]] In the third paragraph , The spouse of the supporter shall assist the supporter in performing his maintenance obligations . The maintenance obligation of the daughter-in-law to the father-in-law is based on the assistance and maintenance obligation of the spouse arising from the marital relationship , With the death of one spouse , The obligation to assist in maintenance also naturally terminates , Therefore, widowed daughter-in-law has no legal obligation to support their parents in law .

• [[ The civil code 1129]]^^ Widowed daughter-in-law to mother-in-law , Widowed son-in-law to his parents in law , Those who have fulfilled their main maintenance obligations , As the first in line successor ^^. Here, as the first in line successor , Not related to whether to remarry , Even if you remarry, you can't deny inheritance .

• The old man claims alimony from other children after being supported by his widowed daughter-in-law , Should be supported .--（2020） Beijing 02 The people end up 9274 Number The court of first instance in this case did not support the claim , But the court of second instance supported some of the claims , Logic is that the old man lived with his son and daughter-in-law before he died ,[[ Law on the protection of the rights and interests of the elderly 14]] A daughter-in-law has the obligation to assist her spouse in maintaining , The daughter-in-law performs the obligation of assisting in supporting the elderly before the death of his spouse , Alimony should be paid , After the death of his spouse, he no longer has the obligation to support his father-in-law , It actually fulfilled its maintenance obligations , You can claim alimony from other children of the elderly .

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Lawyer Xu Xin |13220730098

Business area ： Medical care 、 company 、 criminal defense

Contact address ： Dongfeng East Street, Weifang City, Shandong Province 4899 Financial Plaza 6 seat 702

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