Can you resist parents if you can’t get a family? Lawyer: If you want to exempt or reduce your care, you must first be responsible for the certification.

Children have the right to support their parents, but can they legally refuse to raise their parents due to the reason of "unfair distribution of property"? A few days ago, a famous male netizen posted a message online, complaining that his father planned to leave all his offspring to his sister, which made him very unbalanced, and said that he wanted to refuse to raise his parents in the future, so he asked netizens for their opinions, and received support voices. The lawyer pointed out that there are few cases of refusal to raise due to property distribution in practice, mainly because of "there is difficulty in certifying."

Exemption of maintenance  It must comply with the circumstances and the law attorney Wang Yixuan of the Legal Firm said that according to Articles 1114 and 1115 of the Civil Law, children have support for their parents, but there are also regulations that "exemption or reduction" of their children's support for their children when they meet certain special circumstances.

She explained that the reason for the reduction is based on Articles 1118 and 1118 of the Civil Law, and the content mentioned that "when a child is maliciously abandoned by his parents, domestic violence, and sexuality Victims of infringement and other illegal acts, or who fail to maintain their duties without justification, may ask the court to request a reduction or exemption from the obligation to maintain their parents. "

Wang Yixuan said, "Have a light reason to reduce the situation" and "significant feelings" will constitute a reason for exemption, such as father left home for many years and has not taken care of If a child has been in a state of being in good condition, the client can file it with the court, asking for a reduction in the care of his care; and if the father has been away from home for many years and has never seen or cared for the child since the birth of the child, the child can further propose the "major structure of the relationship" to require exemption of care of the care of the child.

She explained that the most specific example of reducing the cost of raising is the calculation of the cost of raising. In practice, parents who used to be unfaithful to their children spent the rest of their lives in the nursing home when they were old, demanding their children's care and paying the nursing home fee. At this time, their children can ask not to bear the nursing home fee or reduce the amount, but they must file a lawsuit first and take the court. It should be noted that before the judgment is determined, the court still stipulates that children must be responsible for the care of their children, and that the judgment will only be reduced according to the results on the day the judgment is determined.

Speaking of   It is difficult for children to prove that if the case of "unfair property distribution" of netizens is analyzed, the most likely thing is whether unfair property distribution causes mentally unlawful infringement to him, so the parties must take responsibility for the proof. First, they must prove that "unfair property distribution is unfair." The lawyer said that these certificates will be different according to the father's behavior.

For example, if the father mentioned that he had already established a house or had already passed the house to his sister, if he only mentioned it, it would be difficult to prove that he was mentally infringed upon by his father because of this matter. If he can prove or condemn the judge, he can certainly be exempted or reduced in his care, but The lawyer admitted, "It is very difficult to prove the cause and effect in the middle."

Other common cases include the father who left his family for more than ten or twenty years without any reason, and then he asked you to take care of the rest of his life; the other is that the father abused his children when he was a child, and now at a young age, he returned to ask his children to take care of him.

Wang Yixuan explained that the common disputes about the exemption or reduction of such nursing responsibilities lies in "Where is the boundary? How to determine?" It may be determined by a case judgment. The court will balance whether the authority can be reduced according to different cases, or whether it is formed to exempt nursing responsibilities, or neither.

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