My parents divorced.The divorce agreement is clear.The father covers the school fees and pays additional support.Four years of undergraduate education with no worriesWhile studying for a master's degreeBut I encountered a situation where my father stopped paying.It was my father who broke the agreement.Is it still the cost of a college education for an adult child?Is it beyond the scope of statutory maintenance?
Basic facts
Xiaolin (not her real name) was 18 when her parents divorced because of their emotional feud. At that time, the parents agreed in the divorce agreement that Xiaolin would be raised directly by the mother, Xiaolin's school fees would be borne by the father, and the father would pay Xiaolin a monthly maintenance payment of 2,000 yuan. After that, Xiaolin successfully enrolled in college. During his four years as an undergraduate, his father always fulfilled his obligations in accordance with the divorce agreement, not only covering the tuition fees, but also paying the monthly living expenses of 2,000 yuan on time and in full, ensuring Xiaolin's education and life. In 2024, Xiao Lin, who turns 23 years of age, will continue to study for a master's degree after graduating from undergraduate school. However, after paying the cost of the first year of graduate school, his father offered not to continue to pay the tuition and living expenses, citing his age and difficulty in earning money, Xiaolin's ability to live independently, that graduate school was not legally compulsory and was beyond the scope of legal support. After repeated failed communication, Xiaolin believed that her father had violated the divorce agreement, and filed a lawsuit with the court, demanding that her father continue to pay her tuition at the graduate level and pay her living expenses at the standard of 2,000 yuan per month until she graduates.
The court heard
The court found that article 106, paragraph 1, of the Civil Code provides that "a minor child or adult child who is unable to live independently shall have the right to demand maintenance payments from the parents if the parents do not fulfil their maintenance obligations." Article 41 of the Explainment of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (I) provides that:“Still in school receiving high school education and beyond, Or an adult child who is unable to maintain a normal life for non-subjective reasons, such as loss or partial incapacity to work, may be considered an 'adult child incapable of living independently' under article 107 of the Civil Code.”Therefore, parents' actions to pay support for adult college students are based only on kinship and morality, not on a statutory obligation.
In the present case, Xiao Lin was 18 years old when her parents signed the divorce agreement; As of the date of Xiaolin's indictment, Xiaolin was 23 years old. Xiaolin's father was not legally obliged to pay maintenance, and the payment of the agreement exceeding the legal obligation can be considered as a gift, because Xiaolin''s father expressed his affection for his children who were still in school and receiving higher education based on family ties. Given that Xiaolin has reached the age of 23 and is healthy enough to live independently, it is clearly inappropriate and unfounded to compel her father to pay for Xiaolin's living expenses and school fees during graduate school. In summary, the court rejected Xiaolin's claim.
The judge said
As far as human ethics and social traditions are concerned, most economically able parents are willing to prepare their children for higher education and support their children in higher education. From a moral point of view, as affordable parents, they should also bear the responsibility of raising adult children who are still in higher education and cannot independently afford their own living and education expenses, so that the children can complete their studies. However, according to Chinese law, parents paying child support for adult college students is based only on kinship and morality, not legal obligations.
Adult children still in higher education are often unable to independently afford tuition, living expenses and other expenses, leaving college students to use their spare time to pay for their education with their own labor during university studies. Living costs are generally difficult, but they are also the right thing to do to develop the independence of contemporary young people.The maintenance of family relationships requires understanding and tolerance on both sides, and parents should fulfil their maintenance obligations within the limits of the law and give their children the necessary support; Adult children should also respect the will of their parents, take the initiative to assume the responsibilities of adults, pursue their academic dreams through hard work and school loans, realize their life values in their own struggles, and jointly create a harmonious and healthy family atmosphere.
Legal links
The People's Republic of ChinaCivil CodeArticle 106, paragraph 1A minor child or adult child who is unable to live independently has the right to demand maintenance payments from the parents if the parents do not fulfil their maintenance obligations.Explanation by the Supreme People's Court on the Application of the Civil Code of the People's Republic of China.
This article is reprinted from the WeChat Official Account "Yufa Yangguang" (Henan Legal Sunshine), and we express our gratitude here.