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Can the biological mother ask for support if she has not fulfilled her obligation of support?
1. Can the biological mother ask for support if she has not fulfilled her obligation of support? No, Article 1067 of the Civil Code (implemented on 20211) is equivalent to abandoning children. As long as the child can produce evidence, parents can refuse to support. Article 6868 1067 of the Civil Code, if parents fail to perform their maintenance obligations, minor children or adult children who cannot live independently 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. Parents and children may be exempted from the obligation of support in any of the following circumstances: (1) Unmarried or divorced adult children have no economic income, lose their labor force or cannot live independently; (2) Married adult children have no economic income, and the family income is not enough to maintain the local basic living standard; (3) Parents have committed serious crimes against their daughters. For example, if parents kill their children, seriously abuse their children, abandon their children, rape their daughters, etc., and lose the right to ask for support from the victim's children, the children can be exempted from the obligation of support. If the victim's children voluntarily support, the law does not prohibit it. It should be pointed out that although adult children who are unable to pay alimony can be exempted from the obligation to pay, they cannot be exempted from the obligation to take care of their lives and soothe their spirits. 2. Failure to fulfill the obligation of support According to the law, parents' support for minor children and adult children who can't live independently is unconditional and must bear the obligation. When parents fail to fulfill their obligation to support, the children who need to be supported have the right to ask their parents to pay the maintenance fee, and may ask the unit where the obligor works and the relevant departments to mediate. If parents still don't bear the obligation to support, minors and children who can't live independently can bring a lawsuit to the people's court, and the people's court will try such cases. The people's court shall mediate first; If mediation fails, a judgment shall be made. When necessary, the people's court may order the obligor to pay alimony in advance to protect the lives of minors and children who cannot live independently. If the person subjected to execution refuses to perform the judgment or ruling on the payment of alimony, the people's court may take enforcement measures such as withholding alimony from the executed labor. Alimony here includes children's living expenses, education expenses, medical expenses and other expenses. Those who refuse to perform their duty of support and maliciously abandon minors and children who cannot live independently, which constitutes a crime, shall be investigated for criminal responsibility according to law. Three. Related laws link Article 1084 of the Civil Code 6868 The relationship between parents and children does not disappear due to the divorce of parents. After the divorce, the child is still the child of both parents, whether or not the parents directly raise him. After divorce, parents still have the right and obligation to raise, educate and protect their children. After divorce, children under two years old are directly raised by their mothers. For a child who has reached the age of two, if both parents fail to reach an agreement on the issue of support, the people's court shall make a judgment based on the specific circumstances of both parties and the principle of being most beneficial to the minor children. Children over the age of eight should respect their true wishes. Article 1085 If a child is directly raised by one party after divorce, the other party shall bear part or all of the maintenance. The amount and duration of the expenses shall be agreed upon by both parties; If the agreement fails, the people's court shall make a judgment. The agreement or judgment stipulated in the preceding paragraph shall not prevent the children from making reasonable demands to either parent over the original agreement or judgment when necessary. Article 1086 After divorce, the spouse who does not directly raise the children has the right to visit the children, and the other spouse has the obligation to help. The way and time of exercising the visiting right shall be agreed by the parties; If the agreement fails, the people's court shall make a judgment. If parents visit their children, which is not conducive to their physical and mental health, the people's court shall suspend the visit according to law; After the reasons for suspension disappear, the visit should be resumed. Although the obligation of support and the obligation of support are not equal, the mother has turned a blind eye to the child's growth, which has actually seriously violated the legitimate rights and interests of the child, and this practice has also lost the right to ask the child to do his duty of support. At the same time, before the child was underage, the biological mother never fulfilled her obligation to raise the child. In fact, children can entrust their fathers or other agents to investigate their mothers' legal responsibilities.