Remarriage and reorganization of families are common,
But after the mother divorced the stepfather,
Do stepchildren still have an obligation to support their stepfather?
Case review
In 1982, Jiang and Han, who remarried, were introduced to register their marriage. At that time, Han took his five-year-old daughter Han Mou A and his three-year-old son Han Mou B, and the two shared the responsibility of raising these two children and raised them.
In 2015, due to family conflicts, Jiang and Han decided to end their marriage. On the day of the divorce, stepson Han Mouyi and stepdaughter Han Moujia left Jiang's home, and they did not fulfill their children's maintenance obligations after that.
At the end of 2022, 70-year-old Jiang had problems with his physical condition. He contacted Han Mou A and Han Mou B, hoping that they would be able to fulfill their maintenance obligations. But both of them rejected Jiang's request on the grounds that their parents were divorced and their income was not high.
In desperation, Jiang decided to take Han Mou A and Han Mou B to court to protect his rights and interests.
In the merits,
Whether Han A and Han B still exist
What about the obligation to support his stepfather, Jiang?
What the judge said
The legal relationship between stepparents and stepchildren was involved in this case. The fictitious consanguinity between a stepparent and a stepchild occurs as a result of the formation of a parent-education relationship.
Article 1072 of the Civil Code stipulates that "there shall be no abuse or discrimination between stepparents and stepchildren. The provisions of this Law on the relationship between parents and children apply to the relationship of rights and obligations between a stepfather or stepmother and a stepchild who is being raised and educated by him. ”
This shows that the relationship of rights and obligations between stepparents and stepchildren who have a relationship of upbringing and education is the same as that between biological parents and children.
In this case, when Jiang and Han remarried, Han A and Han B were both minors, and they lived together with Jiang until they became adults, and Han and Jiang jointly raised Han A and Han B. From the above facts, it is comprehensively determined that Jiang X has taken care of the two of them in terms of life and education, and has carried out de facto support and education, and the two parties have formed a relationship of support.
Although the marriage between the parents is dissolved, the relationship of support that has been formed between the stepfather and the stepchild cannot be dissolved, and the stepchildren shall take care of their elderly stepfather who has raised and educated them financially, and provide financial assistance to ensure that the old age is supported and depended on.
Accordingly, Han X A and Han X B should perform their maintenance obligations to their stepfather Jiang.
Links to legal provisions
Paragraph 2 of Article 167 of the Civil Code If an adult child fails to perform the obligation of support, the parents who lack the ability to work or have difficulties in living have the right to demand that the adult child pay alimony.
Article 1072 of the Civil Code: Abuse or discrimination shall not be given between stepparents and stepchildren.
The provisions of this Law on the relationship between parents and children apply to the relationship of rights and obligations between a stepfather or stepmother and a stepchild who is being raised and educated by him.
Source: Fayinji