There are many ways to support the elderly, among which paying alimony is one of the main ways to support them. The maintenance expenses that the dependents should bear shall be calculated according to the following methods:
1. What factors should be considered when determining the alimony standard?
The standards for determining alimony by the people's court include the local economic level, the actual needs of the dependents and the financial ability of the dependents.
2. What expenses should be included in the calculation of alimony?
You know, how to calculate the alimony of the elderly, we must first know what expenses are included in the alimony paid. The payment of statutory alimony mainly includes:
1, basic alimony for the elderly. It mainly includes the inevitable expenses such as clothing, food and shelter for the elderly;
2, the elderly disease treatment costs. When the elderly bring a lawsuit to the court because of a maintenance dispute, the people's court shall determine the medical expenses that they have incurred and the relatively certain medical expenses that need to be paid for some chronic diseases in the future as the payment content, which shall be borne by the supporters. However, the amount and time of large medical expenses that may occur in the future are uncertain. Therefore, it is generally impossible to judge the support request of the elderly for large medical expenses that may occur in the future. This method is feasible from the perspective of safeguarding the legitimate rights and interests of the elderly and reducing the litigation burden of the elderly.
3, life can not take care of the nursing expenses of the elderly. If the elderly can't take care of themselves, their children have the obligation to take care of their basic life. However, if the elderly can't take care of themselves for some reason, the related expenses incurred by others or pension institutions should be paid by their children.
4. Housing expenses for the elderly. Supporters have the obligation to properly arrange housing for the elderly. If the elderly don't have a house to live in and they don't own a house, reasonable rent should be included in the alimony.
5. Necessary spiritual consumption expenditure. Spiritual support for the elderly has become an indisputable legal principle, but in theory and trial practice, there have been doubts about whether spiritual support can be judged and how to implement it. The author thinks that it is difficult to judge and execute the obligation of spiritual comfort, but the materialized expenses of the most basic spiritual enjoyment of the elderly, such as cable TV, radio, books and newspapers, can be determined as the content of alimony payment and borne by the obligor.
6. Necessary insurance premium. In addition to social security, the expenditure of necessary medical insurance for the elderly should also be support expenditure. Insurance not only provides the greatest protection for the elderly, but also shares great risks for children, which is worth popularizing.
For many elderly people, alimony is related to their quality of life in their later years.
3. How to calculate alimony?
First, calculate the per capita monthly income of children's families. When the per capita monthly income of children is lower than the minimum living security line, it is deemed that children are unable to provide alimony to their parents and can be omitted. When the per capita monthly income of children's families is higher than the minimum living security line, the maintenance fee is calculated at 50% for the excess and less than two children; If there are more than three children, the maintenance fee shall be calculated at 40%. Alimony payable is divided by the number of dependents to get the alimony paid to each dependent.
4. How to determine the standard of partial alimony?
1. For the basic alimony of the elderly, the per capita consumption expenditure of local residents and the local minimum living allowance can be used as the upper and lower limits, and the proportion of the income of the dependents (such as about 20%) can be calculated. That is, the amount obtained according to a certain proportion of the income of the dependents (such as M*20%) is compared with the above upper and lower limits. If the amount is within this range, the maintenance standard shall be determined according to the amount. If the amount is higher or lower than the upper or lower limit, the upper or lower limit shall be determined as the maintenance standard.
2, the elderly sick medical expenses, in addition to insurance claims, the rest of the expenses should be included in the alimony according to the bill amount of the medical department.
3. If the child is unable to take care of himself due to illness or infirmity, the nursing expenses should be calculated in the alimony, which will be calculated according to the certificate of the relevant pension institution or the local general employment standard.
4. For the housing expenditure, necessary spiritual consumption expenditure and necessary insurance expenditure of the elderly, the maintenance expenditure is calculated based on the corresponding expenditure invoice.