Q&A on maintenance obligations under the Law on Marriage

(Baonghean) -Ask:I would like to ask, which subjects must perform the alimony obligation and how to perform the alimony obligation for those subjects?(Mr. Nguyen Van Lam - Thanh Mai, Thanh Chuong, Nghe An)

Reply:According to the provisions of Article 50, Law on Marriage and Family No. 22/2000/QH10, the obligation to provide alimony is:

1. The obligation to provide support is performed between father, mother and children, between siblings, between grandparents and grandchildren, between husband and wife according to the provisions of this law.

The obligation to support cannot be replaced by another obligation and cannot be transferred to another person.

2. In case the person with the obligation to provide support evades that obligation, he/she must perform the support obligation prescribed in this law.

Articles 56, 57, 58, 59, 60 stipulate the obligation to provide support:

- The obligation of parents to provide child support when divorced

Upon divorce, the father or mother who does not directly raise a minor child or an adult child who is disabled, has lost civil act capacity, is unable to work and has no property to support himself or herself has the obligation to provide child support.

The level of child support is agreed upon by the father and mother; if no agreement is reached, the Court is requested to resolve.

- Children's obligation to support their parents

Adult children who do not live with their parents have the obligation to support parents who are unable to work and do not have property to support themselves.

- Obligation of support between brothers and sisters

1. In case there are no parents or the parents are unable to work and have no assets to support their children, the adult brother or sister who does not live with the younger sibling has the obligation to support the younger sibling who is not an adult and has no assets to support himself or herself or the younger sibling who is unable to work and has no assets to support himself.

2. I am an adult and do not live with my brother or sister. I have the obligation to support my brother or sister. She is unable to work and has no property to support herself.

- Obligation of support between paternal grandparents, maternal grandparents and grandchildren

1. Paternal and maternal grandparents who do not live with their grandchildren have the obligation to provide support for their grandchildren in cases where the grandchildren are minors or adults who are unable to work, have no property to support themselves, and have no one to provide support as prescribed in Article 58 of this law.

2. Adult grandchildren who do not live with their paternal and maternal grandparents have the obligation to provide support for their paternal and maternal grandparents in cases where the grandparents are unable to work, do not have property to support themselves, and do not have anyone else to provide support according to the provisions of this law.

- The obligation of support between husband and wife upon divorce

In case of divorce, if the party in difficulty or poverty requests alimony with legitimate reasons, the other party has the obligation to provide alimony according to his/her ability.

TN(Synthetic)