Grandson's legal obligation to support his grandmother must meet these two conditions at the same time: first, grandma has no children or has children but the children are unable to support them, and grandma needs to support herself; Second, grandchildren have the ability to support.
Grandparents, grandchildren and grandchildren who are alive and have the ability to support or a fixed income and can take care of themselves can be exempted from the obligation of support.
Grandchildren and grandchildren have the obligation to support only when their children are dead or unable to support them, and their grandparents have no fixed income and other sources of livelihood or cannot take care of themselves.
Extended data:
Uncle Xu and his wife, who are over eighty years old, have a son and a daughter. Unfortunately, their daughter died of illness many years ago. A few years ago, their son was admitted to the hospital because of illness. After hospital examination, he basically lost his ability to work and needed to stay in bed for a long time. "Now I am so old.
My daughter died, and my son was ill in bed and needed someone to take care of him. "Uncle Xu and his wife began to worry about their future life." What if the son and daughter can't support themselves? "In desperation, Uncle Xu and his wife made a request for their grandson to support themselves." The grandson has already joined the work and his income is very stable. He has the ability to feed us. "
Uncle Xu thought that his grandson would agree to his request, but he got a negative answer in his communication with his grandson. "It is my father's responsibility to support you. I have no obligation to support you. Now my father is still in bed and needs to be taken care of, so I can't promise such a request. "
Grandson told Uncle Xu that he could only provide appropriate financial help, but he could not fulfill his maintenance obligations. Uncle Xu communicated with his grandson many times, but his grandson refused. In desperation, Uncle Xu filed a lawsuit with the court and took his grandson to court.
According to the lawsuit of the old man, the court conducted an investigation. In the investigation, the judge found that Uncle Xu's daughter had passed away and his son had indeed lost his ability to support. Considering that Uncle Xu and his wife are older, living in difficulties and need support, they mediate between Uncle Xu and his grandson.
The judge said that according to the relevant laws and regulations, grandchildren who have the ability to afford and grandchildren who have the ability have the obligation to support their grandparents whose children have died. Take Uncle Xu as an example. His grandson has a stable job and income, and has the ability to bear and support. At the same time, Uncle Xu's daughter has passed away, and his son is unable to support in bed, which is in line with relevant laws and regulations. Therefore, the grandson should fulfill his obligation to support Uncle Xu and his wife.
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