The Legality of Grandchild Care Expenses and Family Obligations Explained: A Recent Court Ruling

2023-09-24 01:57:14

Elders and children need 830,000 “grandchild care fees.” (Image/Pexels)

In some families, because both husband and wife are working, if the child does not want to be taken care of by a nanny, the elders in the family will usually take care of the child. However, a case recently occurred in mainland China. An elder sued the couple, claiming that the couple had given them too little money and demanded 190,000 yuan (approximately NT$830,000) in “grandchild care expenses.” The court recently made a ruling.

According to “The Paper” report, according to the judgment of the Guang’an District People’s Court, the wife Hu Nu and her husband Zhu Nan had been working in Chengdu from the end of 2016 to July this year. Because they were too busy at work and had no time to take care of their children, they left their children to be taken care of by their grandmother.

Hu said that the couple would give her mother 1,000 yuan (approximately NT$4,400) for living expenses every month, and another 2,000 yuan (approximately NT$8,800) for raising children, so she thought her mother wanted too much and was only willing to give it every year. 10,000 RMB (approximately NT$44,000), a total of 50,000 RMB (approximately NT$220,000).

The judge believed that the couple had the obligation to take care of the children, and they also had jobs to support the children. However, the couple had not fulfilled their obligations for several years. Therefore, the woman surnamed Duan’s request for raising a grandchild was reasonable, but the amount of 830,000 yuan was too high, and the couple was ordered to pay 82,000 yuan. (Approximately NT$360,000). Afterwards, both parties promised not to appeal. Zhu Nan said that the reason why his mother-in-law wanted to bring grandson Fei was because he and his wife had a dispute and wanted to divorce, so she wanted to use this to sue him.

Family and Family Law Firm stated that according to mainland law, it is not a legal obligation for the elderly to help take care of their children. It is only their obligation to support their children. Whether they can be required to take care of their grandchildren depends on whether there is a written contract between the two parties. However, in reality, elders will not take the initiative to sign an agreement with their children, and children should also be aware of this. Although the elderly can enjoy family affection by raising children, they also sacrifice money, energy, and even health, so children should usually Offer to give money.

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