Is a “you take care of dad and I take care of mom” maintenance agreement legal?

2022-04-25 0 By

Source: People’s Court newspaper original title: “you tube dad I tube mom” alimony agreement legal?Recently, a seemingly fair case of “you supervise your father and I supervise your mother” alimony agreement has attracted attention.The yuyao People’s Court in Zhejiang province announced the case on March 22.It turned out that the two sons of Uncle Chen in Yuyao, Zhejiang province, had reached an internal agreement 30 years ago. They signed a “Yongli Separation Letter” agreeing that “you manage your father and I manage your mother”.After the death of his wife, now bedridden uncle Chen’s support problem has been the brothers blame each other, Uncle Chen helpless two sons to court.The internal maintenance agreement is not a “shield” for the maintenance obligation, and finally the court upheld justice for Uncle Chen.China’s civil Code stipulates that if adult children fail to fulfill their duty to support them, parents who lack the ability to work or have difficulties in living have the right to demand their adult children to pay alimony.In real life, the agreement concluded by the children to support their parents is a prior arrangement between the children for the actual fulfillment of the maintenance obligation.This arrangement among the dependants does not preclude the obligation of the dependants.Therefore, in this case, the elder brother cannot be exempted from the statutory maintenance obligation to the father because he has fulfilled the covenant of the Perpetual Separation.However, it would be unfair for the elder brother to share half of the cost of supporting his mother, who was already supported by an internal agreement, and his father, who must be supported by law.Therefore, the court comprehensively considered the local living standard and has been in accordance with the agreement to fulfill the “Yongli sub-letter” and other circumstances, the final discretionary determination of the plaintiff monthly alimony of 2000 yuan, brother, brother each bear 40% of the cost, 60%.To support their parents is not only an act of filial piety that should be observed morally, but also a legal obligation stipulated by law.It can be said that this case is a good lesson of law popularization, which not only publicized relevant legal knowledge to the public, but also warned children not to excuse each other and should support the elderly according to law.(Yang Chaoqing) Editor in charge: Li Fang