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Luoyang lawyer: for parents to the duty we may remove or transfer.

Author: Published:2015-04-29 Views:444

Today Luoyang lawyer to give you a case of legal issues about child support obligation.
Case: a problem has a son and a daughter, a few years ago, an agreement signed between them, I by his son to support them, all the property to his son inherited, daughter of inheritance, do not assume maintenance obligations. At that time, I agree to this agreement. But the weather is unpredictable, the son cheated by others in the business, life in trouble. And I'm 70 years old, weak and sick. Son to support the family I appeared to be inadequate. In desperation, I had to ask her daughter to bear part of the cost of living and medical expenses, but the daughter said through the signing of the agreement maintenance obligations transferred to the brother, and I also agreed, so she did not have the burden of my life needed. Excuse me: the maintenance agreement is valid? My daughter also should bear the responsibility?
Luoyang lawyers answer for you: your children between the signing of the agreement is invalid, you shall bear your obligation to support her daughter.
There are clear provisions of the marriage law in China: "parents have the duty to bring up and educate their children; children have the duty to support and assist their parents. If parents fail to perform their duty, minors or children can not live independently, have the right to ask their parents to pay alimony. If children fail to perform their duty, no ability to work or life difficult parents, have to ask their child to pay alimony rights." At the same time, the rights of the elderly protection law and regulations; "dependents not to give up the right of inheritance or other reasons, to refuse to perform their duty. Dependents do not fulfill their duty, the elderly have required support for alimony rights." Therefore, is the responsibility and obligation of every child's parents, can not be exempted or transferred by agreement, can not give up the right of inheritance or other reasons to refuse to perform their duty, no ability to work or life difficult parents, children have the right to ask for alimony.
According to the above law, you can request your daughter to be in the right and self-confident pay your living expenses and medical expenses, undertake maintenance obligations. Of course, because you signed the agreement between children is invalid, your daughter in fulfill maintenance obligations, but also have the right to inherit property.
These shared by Luoyang lawyer for your order.

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