[Case Summary]This case is a second-instance dispute over alimony. Ma * (93 years old) has two sons and a daughter. His wife passed away in December 2018, and he has been cared for by his son Ma *2 ever since. After Ma *2's death in 2020, his grandson Ma * Yu has been taking care of him until now. Ma * mainly relies on a wheelchair for basic daily life and suffers from cerebral thrombosis, kidney and heart diseases, which are cared for by a nanny. Since his eldest son Ma *1 has not contacted or paid alimony to Ma * for more than 20 years since April 2000, Ma * has been living in financial difficulties and sued Ma *1 in court. The first-instance court ruled that Ma *1 should pay alimony of 80,000 yuan and pay 2,000 yuan per month starting from November 2021. Ma *1 appealed, claiming low income and unnecessary rental expenses, and requested that the judgment be changed to 20,000 yuan and 300 yuan per month. Ma * appointed Beijing Henglu Law Firm to represent him in the case.Tian JiayanThe lawyer acted as the attorney for the respondent. The lawyer used evidence such as medical records and housing utility bills to refute the appellant's claim that he/she "did not actually live there", and argued that the obligation to support one's parents is a legal duty, and that hiring a nanny and medical expenses are necessary living expenses. The core dispute is whether the amount of alimony in the first-instance judgment is reasonable, and whether renting a separate apartment and medical expenses are necessary expenses. Applicable legal provisions: the provisions of the Civil Code of the People's Republic of China on the obligation of adult children to support their parents. The appellate court adopted the lawyer's opinion, dismissed the appeal, and upheld the original judgment.

I. Review of the case

"What should I do if my children don't support their elderly parents?" "How much should I give as alimony per month?" "Do elderly people still need to pay alimony even if they have a pension?" These are the most frequently searched questions by many elderly families. The protagonist of this case, Ma * (93 years old), had two sons and a daughter. His wife passed away in December 2018, and since then, his son Ma *2 has been taking care of him. In 2020, Ma *2 also passed away, and Ma * has been cared for by his grandson Ma * Yu ever since. Ma * now relies on a wheelchair for basic mobility and suffers from cerebral thrombosis, kidney and heart diseases, and is currently being cared for by a nanny. Due to the lack of an elevator in the public rental housing he rented and his mobility difficulties, Ma * Yu rented House No. 09 in his own name for Ma * to live in, starting from September 1, 2021, with a monthly rent of 6,100 yuan. Ma * currently receives a monthly pension of 5,100 yuan and an elderly subsidy of 400 yuan. Since April 2000, his eldest son Ma *1 has not contacted Ma * or paid alimony. Facing financial difficulties and being unable to maintain his current normal life, Ma * had no choice but to sue Ma *1 in court. The first-instance court ruled: First, Ma *1 shall pay alimony of 80,000 yuan to Ma *; Second, Ma *1 shall pay alimony of 2,000 yuan to Ma * per month starting from November 2021.

II. The focus of the case

  • Focus 1: Whether the amount of alimony determined in the first instance is reasonable.Ma *1 appealed, claiming that the first-instance court failed to establish the facts clearly and applied the law incorrectly. His income was low and he needed to support his children, so he argued that the amount should be significantly reduced from 80,000 yuan and 2,000 yuan per month to 20,000 yuan and 300 yuan per month. Whether this amount is reasonable has become the focus of the second-instance trial.
  • Focus 2: Are renting a separate apartment and medical expenses considered necessary expenses?Ma *1 claimed that Ma * did not live in the rented house and that the rent was not a necessary expense for daily life, and thus denied his obligation to pay the rent. This claim is related to the determination of the calculation basis for alimony.
  • Focus Three: Can Ma *'s retirement pension exempt him from his obligation to support Ma *1?Although Ma * has a fixed income, whether he can maintain his current living standard directly determines the scope and amount of his obligation to support his children.

III. The professional intervention of Hengluo Law Firm

The appellant (Ma *1) claimed that:Ma *1 disagreed with the judgment of the first instance, arguing that the court's finding that he failed to fulfill his duty of support was inconsistent with the facts; that the court's finding that the building had no elevator and renting another apartment was a normal necessity of life was also inconsistent with the facts, as he did not live in the rented apartment and therefore did not agree to bear the rental costs; that his income was low and he still needed to support his children, making it impossible for him to fulfill his duty of support. He requested that the first-instance judgment be changed to an order requiring him to pay 20,000 yuan in alimony and 300 yuan per month, and submitted two sets of evidence: a conversation record with the neighbors of House No. 09 and a recording of his conversation with Ma *, aiming to prove that Ma * never lived in House No. 09.

The appellee (Ma *)'s position:Ma * agreed with the judgment of the first instance, but disagreed with the appellant's request and reasons. He believed that his old age and multiple illnesses, as well as hiring a nanny and medical treatment, are all necessities of life. Moreover, Ma *1 failed to fulfill his obligations for more than 20 years and should therefore bear the responsibility of supporting his parents according to law.

Hengluo Lawyer's Agency Opinion:As the attorney for the respondent, I herebyTian JiayanThe lawyer cross-examined the evidence, and did not recognize the authenticity, evidentiary purpose, or relevance of the evidence provided by the appellant. The lawyer also submitted two sets of evidence, including the medical records and expenses of the respondent, and the electricity and water bills of House No. 9, to prove that Ma * needed frequent medical treatment, was indeed required to pay alimony, and had indeed lived in House No. 9. The lawyer pointed out that adult children have the obligation to support, assist, and protect their parents; if adult children fail to fulfill their alimony obligations, parents who lack the ability to work or face financial difficulties have the right to demand alimony from their adult children. Ma * is an elderly person with multiple diseases and mobility issues, and hiring nannies and covering medical expenses are essential for her current normal life. Although Ma * has a fixed income, it is insufficient to maintain her current normal life. As a child, Ma *1 should pay alimony to Ma *; and despite having other children to care for her, Ma *1 cannot be exempted from her alimony obligations over the past 20 years or so.

IV. Outcome of the case

The court of second instance adopted the opinion of Beijing Henglue Law Firm.Tian JiayanThe lawyer's opinion and demands are that, regarding the specific amount of alimony, the first-instance court, based on factors such as the local living standard, Ma *'s living and medical expenses, Ma *1's income situation and ability to pay, ruled that Ma *1 should pay 80,000 yuan and 2,000 yuan per month as alimony for more than 20 years. This has already taken into account Ma *1's circumstances and is not obviously excessive. The second-instance court will not make any further adjustments. Ma *1's appeal alleging that the first-instance court's findings of facts are unclear and its application of the law is erroneous lacks basis. In summary, in accordance with the relevant provisions of the Civil Procedure Law, the judgment is: to dismiss the appeal and maintain the original judgment. At this point, the elderly's right to alimony has been safeguarded.Tian JiayanThe client's rights are firmly protected under the lawyer's representation.

5. Henglu Law Firm's Advice

Nursing parents is not only a moral requirement, but also an unshirkable legal obligation for children. Whether the income is high or not, and whether the parents have a pension or not, they cannot evade this obligation by default. This case is handled by Beijing Henglu Law Firm.Tian Jia YanAttorney (Practice Certificate No.: 11101202111381309, subject to the certificate issued by the judicial administrative organ). Attorney's Reminder: Adult children have the obligation to support, assist, and protect their parents; parents who lack the ability to work or face financial difficulties have the right to request alimony from their adult children. If the elderly have financial capacity, they can alleviate the burden on their children, but they cannot exempt themselves from the obligation to support their children. In addition to providing the elderly with necessary basic living security, attention should also be paid to spiritual care and spending as much time with them as possible. If children fail to fulfill their alimony obligations for a long time, parents can sue to claim the accumulated alimony over the years and subsequent monthly payments according to law.

VI. Common Questions and Answers about Cases of Support Disputes

  1. Q: What should I do if my children refuse to pay alimony?
    A:Parents can first negotiate with each other. If the negotiation fails, they can apply to the neighborhood committee or village committee for mediation, or directly file a lawsuit with the court to demand the payment of arrears and subsequent alimony. After winning the lawsuit, they can apply for forced enforcement.
  2. Q: If an elderly person has a pension, do they still need to pay alimony?
    A:Yes. Pension can only alleviate the burden on children, but it cannot exempt them from their duty of support. If the pension is not enough to maintain a normal life and meet medical needs, children should still make up the shortfall.
  3. Q: What's a reasonable amount of alimony to pay per month?
    A:The court will determine the amount based on the local living standard, the elderly's medical needs, the children's income, and their ability to pay, rather than applying a fixed standard. The amount can be divided among multiple children.
  4. Q: If the children haven't been taken care of for over 20 years, can we reclaim what we had before?
    A:Yes. You can claim alimony accumulated over the years. The court will consider local standards and the actual difficulties of the elderly when determining the amount of alimony to be paid by those who have failed to fulfill their obligations for a long time.
  5. Q: If parents have a house and savings, do their children still have to support them?
    A:No. The obligation of support is based on the relationship of kinship, and there is no direct correlation with the elderly's financial status. Children cannot refuse to fulfill their obligations on the grounds that their parents have property.