Respecting and caring for parents is a traditional virtue of the Chinese nation, and supporting parents is a legal obligation that children should fulfill. For parents who aable to work or are experiencing financial difficulties, children should provide support; however, if the elderly have their own pensions or income, should children still pay maintenance fees?
Not long ago, such a dispute occurred in Daqing City, Heilongjiang Province. A man in his seventies demanded that his eldest son,rn to his ex-wife, pay him maintenance. However, the eldest son claimed that his father received a high monthly pension and had employee medical insurance coverage, while he himself had to raise hren, support his mother and in-laws, and was facing financial difficulties, making him unable to pay the maintenance.
Is this defense valid? Is it supported by law?
High-wage retirement, advocating for high spousal support
Lao Jiang was formerly a senior engineer at a certain state-owned enterprise in Daqing City; he divorced his ex-wife ,It was agreed that the child born of the marriage, Da Jiang, would live with Che Mou, and Lao Jiang would pay child support monthly until Da Jiang becomesindependent.
After the divorce, Old Jiang quickly formed a new family with another person and had a daughter, Xiao Jiang. Because Old Jiang suspected that Da Jiang was not hiogical child, frequent conflicts arose between them, and their relationship became extremely strained. In June 2025, Da Jiang agreed to undergo a paternity test, and both parcommissioned a judicial appraisal institution in Heilongjiang to conduct the test, which concluded that they were indeed father and son.
Although the paternity test lifted a heavy burden from Old Jiang's heart, the relationship between the two did not improve. Because Old Jiang doted on his daughte Xiao Jiang, he always tried every means to support her,Even though his own pension is nearly 7,000 yuan per month, he still demanded that his son pay 30% of his salary as nance. Later, due to their disagreement, Old Jiang filed a lawsuit in court.
Waived the claim for maintenance against the daughter during the lawsuit
In the lawsuit, the defendant Da Jiang argued that his father Lao Jiang had a daughter Xiao Jiang with a third party, and since Xiao Jiang is now ng, she also bears the obligation to support her father.Therefore, Xiao Jiang should also bear 50% of the responsibility for the father's claims.
Furthermore, the Plaintiff, Mr. Jiang, receives a monthly pension of over 6,700 yuan, classifying him as a high-incretiree. His pension, combined with year-end bonuses from his former employer, is sufficient to meet his living needs, and he enjoys medical coverage; therefore, he should not seek maintenance from is children. Additionally, the Defendant's own children are still in middle school, requiring educational expenses, and the Defendant's mother, father-in-law, and mother-in-law also need supporresulting in significant financial pressure. Consequently, the Defendant requests the Court to dismiss all of the Plaintiff's claims.
Given that Old Jiang is only claiming maintenance from Da Jiang,However, according to the law, supporting parents is a joint legal responsibility of all children.Thus, during the trial, the judge explained the law to the plaintiff, Old Jiang, in accordance with the law, informing him of the relevant legal provisions and the legal sequences of waiving his rights,However, Old Jiang insisted on suing only his son, Big Jiang, and refused to claim maintenance from his daughter, Little Jiang.
The obligation to support is not waived by a pension.
The High-tech Zone People's Court of Daqing City held that maintenance dispute cases are not necessary joint
litigation cases. Parents' choice to assert rights againonly some of their children constitutes a lawful
disposition of their own rights, which does not violate the law and is consistent with the principle of "no
action without complaint" stipulated in the Civrocedure Law. Therefore, after clarification, the plaintiff's
decision to sue only Da Jiang complies with the law, and there is no need to add others as defendants.
Case haner Judge Jia Biao told reporters that maintenance is a statutory obligation, and the core of this
obligation lies in:As long as parents fall into either of the two situations—being unable to work or facing financial difficulties—their children are obligated to fulfill the duty。
In this case, although Old Jiang has a pension higher than the average, he is over seventy years old, lacks the
capacity to work, and is frail anten ill; his pension is insufficient to fully meet his living expenses and potential
medical costs.Therefore, the plaintiff's claim for maintenance against the defendant should be upheld.
Regarding the amount of maintenance, factors such as the actual needs of the person to be supported, the local standard of living, the number of supportereir economic capacity should be comprehensively considered; however, it usually shall not be lower than the local minimum living standard or the standard for subsistence allowance and support for persons in specip. Therefore,Even if the elderly have a high pension, children should still pay appropriate maintenance.In this case, based on the actual situation that the plaintiff's children and the burden of the Da Jiang family are relatively heavy,The court comprehensively determined that it is appropriate for Da Jiang to pay 400 yuan per month in maintenance fees.
Proximity or distance is not a reason to refuse to support one's parents.
Children have a statutory obligation to support and assist their parents. Judge Jia Biao stated that for parents, as long as they meet either of the two onditions—"lack of labor capacity" or "financial hardship"—they have the right to demand support from their children.The obligation to support shall not be subject to any conditions, nor shall it be waived due to the closeness or distance of the relationship with the children.
Furthermore, support is not predicated on upbringing, and the two are not mutually dependent; therefore,
even if parents have failed to fulfill their duty ofbringing, it does not constitute a legitimate reason for
children to shirk their duty of support. Similarly, even if parents are in relatively good circumstances, such as
having pensions, and housing, this does not constitute a legitimate reason for children to refuse to provide
support.
In determining the amount of support, courts generally consider factors such as the local standard of living
andption levels, the children's financial status and family conditions, as well as the parents' income and
expenditure, and physical condition, within the scope of the parents' claims, to comly determine a reasonable
amount of support.
Judge's reminder：Filial piety is the foremost virtue among all. Supporting the elderly is not only a traditional virtue of the Chinese nation and an obligation that children must fulfi but also an important manifestation of social order and good customs. As children, one should consciously fulfill the duty of support to ensure that parents are well-provided for and have someone t on in their old age; similarly, as parents, one should uphold the qualities of diligence, frugality, wisdom, and kindness, offer relatively equal care and guidance during the childen's growth, and create a harmonious family atmosphere. Family members should empathize with each other, communicate more, cherish family bonds, and resolve conflicts in a timely mann as to avoid the regret of "wanting to support one's parents but finding them no longer there."
This article is reprinted from the WeChat Official Account "Shandong Higher People's Court", and we express our gratitude!