How is evasion of parental support obligations handled?
(Baonghean.vn) - Mr. A. is the first son of Mrs. H.. After getting married, A. moved to another place to live and left his wife alone without a pension and without the ability to work. A. did not visit or provide money for her. May I ask, is Mr. A criminally responsible for evading his obligation to provide support?
That is the concern of Mrs. Nguyen Thi Ty (Nam Dan)
Answer: Maintenance is a mandatory obligation and cannot be replaced by another obligation.
According to Article 111 of the 2014 Law on Marriage and Family, the child's obligation to provide support to his or her parents is stipulated as follows:
Adult children who do not live with their parents have the obligation to support their parents in cases where the parents are unable to work and do not have property to support themselves.
Article 57 of Decree 144/2021/ND-CP stipulates administrative sanctions for violations in the fields of security, order, and social safety; prevention and control of social evils; fire prevention and fighting; rescue; prevention and control of domestic violence, regulating violations of regulations on care, nurturing, and support as follows:
1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the following acts:
a) Refusing or evading the obligation to provide support between husband and wife after divorce; refusing or evading the obligation to provide support between siblings, between grandparents and grandchildren as prescribed by law;
b) Refusing or evading the obligation to provide for and support parents; the obligation to provide for and care for children after divorce as prescribed by law.
2. Remedial measures:
Compelled to perform the obligation to contribute and support as prescribed for the acts specified in Clause 1 of this Article.
According to Article 186 of the 2015 Penal Code, amended and supplemented in 2017, the crime of refusing or evading the obligation to provide support is regulated as follows:
Any person who has the obligation to provide maintenance and has the actual ability to provide maintenance to the person he/she is obliged to provide as prescribed by law but refuses or evades the obligation to provide maintenance, causing the person receiving maintenance to be in a dangerous situation to his/her life or health, or has been administratively sanctioned for one of the acts specified in this Article but still violates, if not falling under the case specified in Article 380 of this Code, shall be subject to a warning, non-custodial reform for up to 02 years or imprisonment from 03 months to 02 years.
Thus, Mr. A. is an adult and has evaded the obligation to provide support to his parents while his mother is unable to work and has no assets to support herself. Mr. A. may be given a warning, non-custodial reform for up to 02 years, or imprisoned from 03 months to 02 years.