[The court heard brief]
80-year-Lao Tai forced to live in nursing homes
And a nearly 80 and has eight children, after the death of her husband, a generation and one of their children live. Because of a certain age and suffering from the disease, their children and do not want to continue to live with a certain generation. 2006, and a house will sell, with a Maifang children, and the purchase of new residential housing, and children were sent to a nursing home. And a no work, no source of income, nursing homes and the annual cost of medical cost only 12 to take the children, refused to bear other children. And a certain helplessness, to the legal aid centre for legal aid.
[Assistance after]
(A) differential treatment
City Legal Aid Center after review, that a generation of legal aid with conditions, the decision to grant legal aid. After the lawyers took over the case, the first generation to generation a written complaint, on its behalf to the court file. The first trial on behalf of the eight children of a certain appearance, and because of a certain dissatisfaction with the disposal of housing, children fight in court, the court can not continue to trial.
After the adjournment, lawyers and a careful analysis of the situation of children. Eight children of a certain generation, with four children to the elderly pay alimony and another four children in a variety of reasons refuse to pay alimony. In light of this situation, lawyers on the one hand contact is willing to pay alimony of their children, while their children to other units, the survey in their wages, have made the units issued proof of income.
[Assistance after]
(B) Yilifuren
Subsequently, the lawyer went to the nursing home where a generation, a generation of a pre-contract and receipts, and sent for the past year and a documentation of medical expenses, a detailed calculation of the year to spend.
The second trial, lawyers in court of evidence obtained from January 1 will be listed, the court recognized. The debate, lawyers not only in accordance with the law, but also expounded on the reasonable maintenance from the elderly is a traditional virtue of the Chinese nation, each defendant would like to put ourselves in a generation for the sake of voluntary consciously assume the obligations of the maintenance of a certain generation. Ultimately, court decisions and a child maintenance payments per person per month for 200 yuan.
[Comments on the case]
Because the family can not be "unjust" refused to maintenance obligations
Alimony payment of the statutory elements: one for the parent-child relationship exists between the parties or the existence of statutory subject matter and the other is the ability to work with their parents or their problems in life, the necessary payments; Third, children have the ability to pay alimony. But in practice, often because the children in the family "unfair" and the parents refuse to pay alimony, which is a typical case. In dealing with such cases, if only from a legal point of view solution, the effect will not be very good. The handling of the case, lawyers careful analysis of all the psychological state of children, eight children were treated and played a good result. After the court decision, with four children take the initiative to pay a monthly maintenance fee, lawyers are also actively contact the court to resolve the other four children of alimony payments problems. And a temporary restoration of normal life now.
[Interpretation of the law]
Request for alimony in line with legal aid conditions
"Legal Aid Ordinance" Article 10, paragraph 4, provides that citizens of the request for payment of alimony, custody fees, maintenance fees of cases, not Representative Is Appointed because of financial difficulties, legal aid agencies can apply for legal aid. Alimony or child is younger people on their parents or elders in the physical and life with the help of the money paid. In China's current economic conditions, children should be in addition to the spiritual and emotional care and attention to the parents, but also for the economic life of their parents to provide the necessary supplies and costs, financial burden on the ability of adult children, Parents need maintenance, according to the law should endeavour to fulfil this obligation. Biological parents of children born out of wedlock, adopted children to adoptive parents, step-child of fulfilling the obligation to raise and educate the step-parents also have the obligation to support. Their elders have given material assistance to the younger people of non-performance of their statutory obligations, the younger people have the right to request payment.
80-year-Lao Tai forced to live in nursing homes
And a nearly 80 and has eight children, after the death of her husband, a generation and one of their children live. Because of a certain age and suffering from the disease, their children and do not want to continue to live with a certain generation. 2006, and a house will sell, with a Maifang children, and the purchase of new residential housing, and children were sent to a nursing home. And a no work, no source of income, nursing homes and the annual cost of medical cost only 12 to take the children, refused to bear other children. And a certain helplessness, to the legal aid centre for legal aid.
[Assistance after]
(A) differential treatment
City Legal Aid Center after review, that a generation of legal aid with conditions, the decision to grant legal aid. After the lawyers took over the case, the first generation to generation a written complaint, on its behalf to the court file. The first trial on behalf of the eight children of a certain appearance, and because of a certain dissatisfaction with the disposal of housing, children fight in court, the court can not continue to trial.
After the adjournment, lawyers and a careful analysis of the situation of children. Eight children of a certain generation, with four children to the elderly pay alimony and another four children in a variety of reasons refuse to pay alimony. In light of this situation, lawyers on the one hand contact is willing to pay alimony of their children, while their children to other units, the survey in their wages, have made the units issued proof of income.
[Assistance after]
(B) Yilifuren
Subsequently, the lawyer went to the nursing home where a generation, a generation of a pre-contract and receipts, and sent for the past year and a documentation of medical expenses, a detailed calculation of the year to spend.
The second trial, lawyers in court of evidence obtained from January 1 will be listed, the court recognized. The debate, lawyers not only in accordance with the law, but also expounded on the reasonable maintenance from the elderly is a traditional virtue of the Chinese nation, each defendant would like to put ourselves in a generation for the sake of voluntary consciously assume the obligations of the maintenance of a certain generation. Ultimately, court decisions and a child maintenance payments per person per month for 200 yuan.
[Comments on the case]
Because the family can not be "unjust" refused to maintenance obligations
Alimony payment of the statutory elements: one for the parent-child relationship exists between the parties or the existence of statutory subject matter and the other is the ability to work with their parents or their problems in life, the necessary payments; Third, children have the ability to pay alimony. But in practice, often because the children in the family "unfair" and the parents refuse to pay alimony, which is a typical case. In dealing with such cases, if only from a legal point of view solution, the effect will not be very good. The handling of the case, lawyers careful analysis of all the psychological state of children, eight children were treated and played a good result. After the court decision, with four children take the initiative to pay a monthly maintenance fee, lawyers are also actively contact the court to resolve the other four children of alimony payments problems. And a temporary restoration of normal life now.
[Interpretation of the law]
Request for alimony in line with legal aid conditions
"Legal Aid Ordinance" Article 10, paragraph 4, provides that citizens of the request for payment of alimony, custody fees, maintenance fees of cases, not Representative Is Appointed because of financial difficulties, legal aid agencies can apply for legal aid. Alimony or child is younger people on their parents or elders in the physical and life with the help of the money paid. In China's current economic conditions, children should be in addition to the spiritual and emotional care and attention to the parents, but also for the economic life of their parents to provide the necessary supplies and costs, financial burden on the ability of adult children, Parents need maintenance, according to the law should endeavour to fulfil this obligation. Biological parents of children born out of wedlock, adopted children to adoptive parents, step-child of fulfilling the obligation to raise and educate the step-parents also have the obligation to support. Their elders have given material assistance to the younger people of non-performance of their statutory obligations, the younger people have the right to request payment.
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