As soon as the eighty-year-old lady has three sons and a daughter under her knees, she cannot take care of herself due to illness and needs to be taken care of by a caregiver. The salary of the caregiver is 3,000 yuan/month.
The old lady thinks that she is already unable to work, and this nursing fee should be borne by her children.
But the four children argued that their mother’s retirement salary was more than 3,000 yuan, in addition to retail rent and disability subsidies. Their personal income was not as high as their parents, and they did not agree to pay.
Correspondent Wu Weiwei Yangtze Evening News/Ziniu News reporter Wan Lingyun
According to the Jurong Court, after many mediations by local grassroots organizations, the four brothers and sisters had their own opinions regarding the payment of parental support, and they were always unwilling to bear the "high" expenses requested by their parents.
In a fit of anger, the old lady entrusted her 81-year-old wife to file a joint lawsuit with the four children in the Jurong Court, demanding that she bear a monthly salary of 3,000 yuan for the nursing staff.
The court found out after trial that the plaintiff Fang and her husband had married four children: Jingda, Jing2, Jing3, Jing4 (female).
In 2013, the plaintiff was paralyzed by a stroke and was unable to take care of himself. In November 2014, he asked a nursing worker to take care of him, and he was required to pay a monthly nursing fee of 3,000 yuan.
It was also found that the plaintiff’s monthly retirement salary was about 3,100 yuan. The plaintiff and her husband rented out a storeroom with an annual rent of about 30,000 yuan. The plaintiff also had a disability allowance of several hundred yuan each year.
After the trial, the court held that parents have the obligation to bring up and educate their children, and children have the obligation to support and support their parents.
Children should respect, care and take care of the elderly, and fulfill their obligations of financial support, daily care and spiritual comfort to the elderly.
Supporters should also enable the sick elderly to receive timely treatment and care.
In this case, the defendant argued that his parents’ income after retirement was higher than that of their children, and therefore he was unwilling to bear alimony. There was no legal basis for the defense, and the court rejected his defense.
Taking into account factors such as the per capita living consumption expenditure of rural residents in Jiangsu Province, the local living standard, the plaintiff’s own retirement wages and other income, the court determined that the four defendants will each bear 250 yuan per month for the plaintiff’s nursing expenses.
Recently, the Jurong City People's Court concluded the alimony dispute, and the court determined that the four defendants jointly paid 1,000 yuan for the mother's care.