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. From the perspective of safeguarding the legitimate rights and interests of the elderly and reducing the litigation burden of the elderly, this method is feasible;
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. 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. 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.
The content of alimony payment is divided into six aspects:
(a) the basic living expenses of the elderly;
(two) the cost of treatment for the elderly;
(three) the nursing expenses of the elderly who can not take care of themselves;
(four) the housing costs of the elderly;
(5) Necessary spiritual consumption expenditure;
(6) Necessary insurance premium.
Who is the legal supporter of the elderly?
Article 1052 of the Law on the Protection of the Rights and Interests of the Elderly stipulates that the dependents refer to the children of the elderly and other people who have the obligation to support according to law. "
So the children of the elderly are the main providers.
Other people who have the obligation to support according to law "means that according to the provisions of the Civil Code and the Civil Code, all children who have the ability to support and assist, regardless of gender, have the responsibility to support their parents.
This kind of support obligation occurs not only between children born in wedlock and their parents, but also between children born out of wedlock and their parents, adopted children and adoptive parents, stepchildren and stepfathers or stepmother who have fulfilled their education obligations. Grandchildren and grandchildren also have the obligation to support the grandparents whose children died. After the daughter gets married, on the one hand, she should continue to be responsible for supporting her parents, on the other hand, she should help her husband support her parents, that is, her parents-in-law.
When parents are old, their children should be filial. At this time, adult and financially capable children should earnestly fulfill their maintenance obligations, whether it is actually taking care of the daily life of the elderly or paying a certain amount of maintenance to the elderly, it is the embodiment of fulfilling their maintenance obligations.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 26 of the Civil Law of People's Republic of China (PRC) stipulates that parents have the obligation to support, educate and protect their minor children. Adult children have the obligation to support, help and protect their parents. Article 1067 If parents fail to perform their maintenance obligations, minor children or adult children who cannot live independently shall have the right to ask their parents to pay alimony. 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.