The old man leaves 20 years, do children not support illegal?The dispute came to an end

2022-04-25 0 By

“Caring for the elderly is not only a legal obligation, but also a warm affection and responsibility. I hope you can fulfill your obligations according to the mediation agreement.””Got it. Thank you. We’ll take care of it.”Recently, chaoan court fuyang court combined with fuyang town judicial office, fuyang town a neighborhood committee successfully before the mediation of alimony dispute, the old man Chen got the alimony.Chen is nearly 80 years old, and his wife Huang mou marriage has two children, after family conflict and alone in Shantou live for many years.Now Chen mou because of old age, infirm and have no economic source, life is in trouble, but the two children are always unwilling to take care of, support him, Chen Mou hence to the court to file a lawsuit.After undertaking the judge to understand the case, in order to avoid the two parties have produced cracks outside the family and add new injury, and considering Chen mou old age, inconvenient action, so take the way of mediation before the lawsuit.The presiding judge thought that this was more conducive to safeguarding the rights and interests of the parties, so he decided to start the pre-lawsuit joint mediation mechanism, and then actively cooperated with the local judicial institute and the neighborhood committee of the parties to conduct pre-lawsuit mediation, and guided the mediators of the People’s Mediation Committee of Fuyang Town to do a good job in mediation.”He has been away from us for more than 20 years and has never given us a living allowance. He has failed as a father, so why should we support him now?””Does it make sense for him to come out of the blue and ask for alimony after all these years of ‘missing’?”In the face of Chen’s children complained, the judge and mediator patiently listened to them talking about “grievance” and fully understood the “ins and outs” of the dispute.The presiding judge and mediator understood the feelings of Chen’s wife and children, and interpreted the law to them in combination with the actual situation and relevant cases.”Good filial piety first, family ties are cut constantly, supporting the elderly is the duty of children.””From a moral point of view, we hope you will take the initiative to take care of your elderly, rather than enforcing it through cold laws.”…After nearly 4 hours of persuasion, the two parties finally reached an agreement under the tender affection of the judge and the mediator, the two children to pay 300 yuan alimony to Chen every month.So far, this affection disturbance to be able to dissolve smoothly.According to the relevant person in charge of the introduction, the case of timely mediation, not only to repair the family relationship between the parties, maintain the family harmony, and let the elderly life is guaranteed, to achieve the old depend on, the old support, to achieve the legal effect and social effect of the unity.According to the Civil Code, “If adult children fail to fulfill their duty of supporting, parents who lack the ability to work or have difficulties in living have the obligation to require adult children to support, assist and protect their parents.”It is the duty of every child and every family member to take care of the elderly. The supporters should provide for the elderly economically, take care of their lives and comfort them spiritually, and should not refuse to fulfill their obligations for any reason.Source: South +