Children have the obligation to support and assist their parents. Alimony refers to the expenses that adult children or other people who have the obligation to support provide the elderly with necessary living expenses, that is, to bear corresponding economic responsibilities, provide necessary economic help and give material help to the elderly. Just as minor children or children who cannot live independently have the right to ask their parents to pay alimony when their parents fail to fulfill their alimony obligations, parents who are unable to work or have difficulties in life have the right to ask their children to pay alimony when their children fail to fulfill their alimony obligations.
According to the relevant provisions of the Law on the Protection of the Rights and Interests of the Elderly, the alimony of the elderly mainly includes six aspects: the basic alimony of the elderly, the medical expenses of the elderly, the nursing expenses of the elderly who can't take care of themselves, the housing expenses of the elderly, the necessary spiritual consumption expenses and the necessary insurance expenses.
1. Basic alimony Basic alimony is a basic and important part of alimony for the elderly. Generally speaking, basic alimony includes the necessary expenses involved in the daily life of the elderly, such as the daily living expenses of the elderly, such as food, clothing, housing and transportation. The payment standard of basic maintenance fee can refer to the per capita consumption expenditure of local residents and the provisions of local laws, regulations and normative documents on the minimum living guarantee for urban residents (if it is a rural household registration, it can generally refer to the annual per capita living expenses data of farmers published in the previous year), or it can be calculated according to the income ratio of supporters (adult children or other people with maintenance obligations), so as to obtain a reasonable specific amount of basic maintenance fee.
Second, the cost of illness treatment "a sense of security for the elderly" and "medical care for the sick" is a fine moral tradition of the Chinese nation since ancient times. In today's judicial practice, when the elderly bring their dependents (adult children or other people with maintenance obligations) to court because of maintenance disputes, the people's court will bear the medical expenses incurred by the elderly and some chronic diseases that have been diagnosed as necessary expenses and are relatively determined as the content of payment. For the large medical expenses that may occur in the future, the court usually does not support the request of the elderly for the large medical expenses that may occur in the future because the time and amount are not clear.
Third, the nursing expenses of the elderly If the elderly are unable to take care of themselves or cannot take care of themselves, the children of the elderly have the obligation to take care of the basic daily life of the elderly. But in real life, because many children are busy with work, it is difficult to take care of their parents' daily life, and there is a possibility that they can't take care of the basic life of the elderly themselves. In this case, in order to maintain the normal daily life of the elderly, when hiring other people (such as nurses, nannies, hourly workers, etc.). ) or arrange an old-age care institution to take care of the elderly, and the related expenses incurred shall be paid by the caregivers of the elderly (adult children or other people with support obligations).
Four, the housing costs of the elderly (adult children or other people who have the obligation to support) have the obligation to properly arrange and deal with the housing problems of the dependents (the elderly). If the elderly don't have their own houses to live in, and the supporters don't have houses for them to live in, then the elderly rent houses for their daily needs, and the relevant reasonable housing expenses arising from renting houses should also be considered in the composition of alimony, which should be included in the calculation when calculating the specific amount of alimony. It should be noted that the supporter should not force the elderly to move to a house with poor conditions, and should properly arrange the housing for the elderly.