Legal analysis
The so-called support mainly refers to the act of providing parents with necessary daily necessities and expenses economically, that is, assuming certain economic responsibilities, providing necessary economic help and giving reasonable material requirements. The main content of support and assistance means that under the existing economic and social conditions, children should provide their parents with necessary necessities and expenses economically, and should respect, care and take care of their parents in life, spirit and emotion. Adult children with financial ability, whether male or female, married or unmarried, should try their best to fulfill this obligation when their parents need support until their parents die. Children's obligation to support their parents occurs not only between children born in wedlock and their parents, but also between children born out of wedlock and their parents, between adopted children and adoptive parents, and between stepchildren and stepparents who have fulfilled their obligation to support education. Generally speaking, after a child lives independently as an adult, parents no longer have the obligation to support him materially and in life. However, parents have the obligation to educate and support their adult children. In the following circumstances: 1, they lose their ability to work or partially lose their ability to work, and their income is not enough to support their lives; 2. Still studying at school; 3, there is no independent living ability and conditions.
legal ground
Article 19 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly, a supporter may not refuse to perform his maintenance obligations by giving up his inheritance or for other reasons. If the supporter fails to perform his maintenance obligations, the elderly have the right to ask the supporter to pay alimony. A supporter may not ask the elderly to undertake work beyond their ability.
Article 1067 of the Civil Code of People's Republic of China (PRC) stipulates that minor children or adult children who cannot live independently have the right to ask their parents to pay alimony if they fail to fulfill their alimony obligations. Parents who fail to perform their maintenance obligations, lack the ability to work or have difficulties in living have the right to claim alimony from their adult children.