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. Supporting the elderly is the legal obligation of children. According to the law, parents who are unable to work or have difficulties in life have the right to ask their adult children to pay alimony if they fail to fulfill their alimony obligations. The standard for supporting the elderly is generally: 1. 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. 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 shall be included in the alimony. For the standard of alimony payment for the elderly registered in cities, there are provisions on the calculation method of alimony and alimony in the laws, regulations or normative documents on the minimum living guarantee for urban residents issued by various provinces and cities. Alimony is generally calculated by subtracting the average living standard of urban residents from the total family income, and the rest is calculated by the average amount of dependents.
For the elderly registered in rural areas, the annual per capita living expenses of local farmers published by the local statistical department in the previous year shall prevail.
Legal basis:
According to article 1067 of the Civil Code of People's Republic of China (PRC), minor children or adult children who cannot live independently have the right to ask their parents to pay alimony. Adult children fail to perform their maintenance obligations, and parents who lack the ability to work or have difficulties in life demand adult children to pay alimony.
Derivative problem:
Can you inherit without supporting the elderly?
Can be inherited. However, if an heir who has the ability and conditions to support fails to fulfill his obligation to support, he shall not divide or divide the estate. The supporter shall not refuse to perform the obligation of support by giving up the right of inheritance, changing the marital relationship of the dependents or other reasons. Fulfilling the main support obligation mainly refers to providing the main source of income for the decedent's life, or giving major help in labor services. Generally speaking, heirs who live with the decedent have more support obligations than those who don't live with the decedent, so the law stipulates that they can share more inheritance.