Can an old mother "break up" with her daughter and still claim alimony? A court in Guangzhou ruled like this

Because of issues such as inheritance distribution,

The mother and daughter quarreled at the police station,

The daughter was also "forced" to move away.

After that, the mother fell ill and was hospitalized,

Leap the pale

And sued her daughter to court,

Require the other party to pay alimony.

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The Guangzhou Yuexiu District Court rendered a first-instance judgment on the case.

The mother sued her daughter for alimony

Mrs. Li, who lives in Guangzhou, and her husband have two daughters, Liu Da and Liu Xiao (both pseudonyms). In 2013, the couple divorced and divided the property such as the house. After that, Mrs. Li and her daughter Liu Xiao lived together on the fifth floor of a house in Guangzhou, while her father lived on the fourth floor with Liu Da. In October 2020, my father passed away.

In 2021, Mrs. Li (Liu Xiao's agent) sued Liu Da to the court. She said that from 2013, when she divorced her husband, liu Dadu sent her breakfast. But after Liu Da became a family, after she asked Liu Da to move out of the existing house, Liu Da did not support and take care of her.

"Since 2019, there is no telephone WeChat, and I have not come to visit." Mrs. Li said that she is old, and suffers from a number of serious diseases and needs to hire nurses to care, her pension is only 3500 yuan, and she still has to buy medicines and pay nursing fees on weekdays.

Mrs. Li pointed out that Liu Da should fulfill his maintenance obligation to pay maintenance expenses, and requested the court to order Liu Da to pay alimony of 500 yuan per month, which is a total of 39,000 yuan from May 2014 to October 2020. Liu Da has paid 2,000 yuan in monthly alimony since November 2020.

The daughter said that she was thrown out of the house and could not fulfill her filial piety

But according to Liu Da, when her parents divorced, the family had a verbal agreement, and she took care of her father and Liu Xiao took care of her mother. She said that after her father's death, Liu Xiao drove Liu Da away from all the houses in her mother's name, and she has always taken care of her mother, but Liu Xiao deprived her of the right to take care of her mother. Therefore, Liu Da did not agree to undertake the corresponding maintenance and care obligations, not to pay alimony.

Liu Da also pointed out that his mother not only has a pension, but also has real estate in her name and has enough means of subsistence. She requested that the responsibility of support and care be fulfilled for the mother by practical action, not just the payment of alimony. The mother's claim was therefore not agreed.

According to the court's findings, in December 2019, Mrs. Li was hospitalized for heart disease, chronic kidney disease, etc., and in July and August 2020, she was hospitalized again due to cervical disc herniation, Alzheimer's disease, etc. Mrs. Li now has a monthly retirement income of 3521.39 yuan, enjoying medical insurance treatment, and there is no other income in addition. In February 2021, Liu Xiao hired nursing staff to take care of Mrs. Li at home.

In November 2020, Mrs. Li and her daughter Liu Xiao and Liu Da quarreled at the police station over a dispute over inheritance issues, and Liu Da moved out of the above-mentioned house.

Mrs. Li claimed that Liu Da managed the property in his father's name and rented it out for rental income, and that his father transferred a large amount of money to Liu Da before his death.

During the trial of the case, Liu Da applied in a separate case to declare Mrs. Li a person without capacity for civil conduct. Judicial appraisal shows that Mrs. Li suffers from "Alzheimer's disease" and is currently in a state of mild dementia, and Mrs. Li currently has full capacity for civil conduct.

Court: Statutory responsibility may not be shirked because of discord

In response to this alimony dispute case, the Yuexiu court held that the second paragraph of article 1067 of the Civil Code of the People's Republic of China stipulates that if an adult child does not perform the maintenance obligation, the parents who lack the ability to work or have difficulties in life have the right to demand alimony from the adult child. Article 14 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly stipulates that the breadwinner shall perform the obligations of providing economic support, daily care and spiritual comfort for the elderly, and take care of the special needs of the elderly. Article 18 stipulates: Family members shall be concerned about the spiritual needs of the elderly, and must not neglect or snub the elderly. Family members living separately from the elderly shall often visit or greet the elderly.

Supporting and caring for parents is the legal obligation of human children, and the above statutory obligations and responsibilities must not be shirked because of personal conflicts between children or discord with parents, Mrs. Li is now 74 years old, suffering from a variety of diseases, unable to take care of herself, and needs special care and care, now Mrs. Li lives with her daughter Liu Xiao, Liu Xiao will inevitably pay more time and energy to take care of Mrs. Li, and it is inevitable to hire nannies and professional nursing staff to help.

And the children who are not currently living with Mrs. Li, that is, Liu Da, who has not personally taken care of Mrs. Li, should give financial help within their respective capabilities and should pay alimony regularly, although Mrs. Li has a fixed economic source, and the retirement income alone is not enough to pay the above nursing expenses, and Mrs. Li asks Liu Da to pay the maintenance fee to reduce the economic pressure is reasonable and legal.

Considering Liu Da's income, it is decided to pay 2,000 yuan per month for maintenance. Mrs. Li and her ex-husband agreed to divorce, because the two daughters are adults, after the divorce, Mrs. Li lived with Liu Xiao, and her father lived with Liu Da, although there was no written agreement on the issue of maintenance and attribution, but the actual maintenance responsibility of the parents who were responsible for living with Liu Xiao and Liu Da was reasonable, and Mrs. Li claimed that the maintenance expenses from May 2014 to October 2020 were not based on enough basis.

The court then ruled that Liu Dachao would pay 2,000 yuan in monthly alimony to Mrs. Li on the date of the legal effect of this judgment.

Information Times reporter He Xiaomin