I worked several jobs intermittently before, but I didnt go back to work since 2012 due to my poor health. I lived in my mothers house to get sick, and my social security was stopped. During the trial, Xiao Zhang took out a medical record to prove that he had nephritis. My wife and I have also left. My mothers house is actually my uncles house. According to Xiao Zhang, after losing their jobs, their lives and their daughters all depend on their mothers pension. Xiao Zhang also said that he resigned, so there is no unemployment benefits, the current situation is only to eat a meal, there is a place to live. Unless the medicine is gone, his mother will not give him money.
Zhangs father, Zhang, 69, lived alone 20 years ago after his divorce from his mother. Now, I have no ability to work, no source of living, living in difficulties and suffering from diseases. I can only rely on the 530 yuan subsidized by the government to maintain my life and have no money to cure the disease. Lao Zhang brought his son to court.
During the trial, Xiao Zhang argued that as a son, he had the obligation and responsibility to support the plaintiff, but he did not have any source of income and was unable to fulfill the obligation of supporting Lao Zhang. Moreover, due to his poor management, he still owed 100000 yuan.
The court found that Xiao Zhang was the only son of Lao Zhang, and that Lao Zhang and Xiao Zhangs mother went through divorce procedures when Xiao Zhang came of age. Lao Zhang was diagnosed as lumbar disc herniation with lower extremity incomplete paralysis and nephrotic syndrome by the hospital. Xiao Zhang and his ex-wife got married in 2000 and gave birth to their daughter the next year. The latter two divorced by agreement in 2009. Their daughter was raised by their father at the beginning, but later, because Xiao Zhang was unable to raise her daughter, in 2013, the court presided over the mediation and changed her daughter to be raised by her mother. It was also found out that in September 2018, the court issued a civil judgment, in which Xiao Zhang returned the loan principal of 100000 yuan and overdue interest of Wang Mou, the outsider. At present, Xiao Zhang has been listed as the executor of dishonesty due to his failure to repay the above-mentioned debts.
The court held that although Xiao Zhang claimed that he was unable to perform his financial support obligations, he did not lose his ability to work and could be paid for his work within his ability to work.
The handling judge said that even if there was a debt, it could not be used as a defense to refuse to perform the maintenance obligation. In this case, Xiao Zhang, the only son of Lao Zhang, should do his duty to support Lao Zhang. Lao Zhang is nearly 70 years old, suffering from disease, lack of labor ability, and living difficulties. In combination with the actual situation of Xiao Zhang and the local living standards and other factors, Lao Zhangs request for Xiao Zhang to pay 1000 yuan of alimony per month is based on the law and justified. The final judgment is as above.
Source: modern express author: Yang Xiaojun, AI Jiajing, he Jie editor: Yu changzong, Niu nbj11145