On September 12, the Guangzhou Fa-Publication WeChat platform released a case: the elder sister refused to buy a house for her younger brother, and her parents sued the court for 500,000 yuan for “alimony”.
The woman was fostered at her aunt’s house since she was 2 years old, but she was brought to court by her biological parents after she became an adult
The 29-year-old Ms. Zhang has been sent to her aunt’s house by her parents since she was 2 years old. Later, due to poor economic conditions, her parents never brought Ms. Zhang back.
During the years she lived in her aunt’s house, Ms. Zhang experienced the warm and cold things in life that did not match her age. The life experience from childhood made Ms. Zhang extraordinarily strong and brave.
Because she grew up with her aunt, Ms. Zhang has always felt strange to her parents. She seldom contacted her parents, and her parents seldom contacted her.
I thought that the two sides would maintain this state forever, but after many years, Ms. Zhang had a successful career, so she bought a house for her aunt’s cousin, and there were conflicts and disputes between her and her biological parents…
Ms. Zhang’s parents believed that if Ms. Zhang bought a house for her cousin, she should also buy a house for her own brother. Ms. Zhang also made it clear that she would not pay to buy a house for her brother.
Since then, the conflict between Ms. Zhang and her parents has become more and more serious, until her parents sued her in court and demanded 500,000 alimony.
Ms. Zhang feels that she has never been “raised” by her parents and should not be “raised”. What is the result of the trial?
Plaintiff: It is reasonable and reasonable that adult children should support their parents and pay 500,000 yuan alimony
(The following is the design dialogue for the moot court of the scenario interpretation)
The Civil Code stipulates that adult children have the duty of support to their parents. Children’s support for their parents is unconditional and will not be eliminated for any reason. Children cannot choose whether to support their parents based on their likes and dislikes towards their parents. Supporting parents is not only a moral responsibility, but also a legal obligation.
In judicial practice, alimony is generally determined according to the standard of 20%-30% of the children’s income. The defendant is now 29 years old and has not paid alimony in the past ten years. According to the defendant’s salary level, 50,000 yuan a year is paid as alimony, and 500,000 yuan is a one-time payment of alimony, which is reasonable and reasonable.
Defendant: Sister has no obligation to support her brother
Legally, the elder sister has no obligation to support the younger brother, unless both parents are dead or unable to raise them, and the younger brother is a minor in special circumstances. But in this case, the younger brother is already an adult, and even his biological parents have no obligation to support him, let alone his elder sister? Moreover, the plaintiff’s claim to buy a house for his younger brother has far exceeded the limit of support and should not be supported.
According to the “Civil Code”, parents who lack the ability to work or have difficulties in life do have the right to ask their adult children to pay alimony, but the plaintiff enjoys a pension, and his income can meet the needs of daily life, so he does not belong to the group of people with living difficulties. .
Court decision: how much support to be paid is discretionary
Because the plaintiff was older, the defendant, as his child, did have the obligation to support his parents in their old age. However, as the younger brother is an adult, the plaintiff should not attach the pressure of buying a house to the defendant in the name of support and maintenance.
Considering that the plaintiff had pension income enough to enjoy his old age, and the defendant was adopted by his aunt since childhood, the plaintiff failed to fulfill the obligation of parental support, the alimony the defendant needs to pay should be negotiated according to the actual situation of the defendant and the plaintiff.
The case sparked heated discussions among netizens
Most netizens agree that there is nothing wrong with Ms. Zhang’s approach, and there is no need to be soft-hearted towards such parents.
Paragraph 2 of Article 1067 of the Civil Code of the People’s Republic of China: Parents who lack the ability to work or have difficulties in living if their adult children fail to perform their maintenance obligations shall have the right to require the adult children to pay alimony.