From a civil and commercial perspective: Should a father pay the child support fees advanced by the maternal grandparents and the subsequent child support fees?
Published:
2025-02-07
Xiao Chen was born in January 2008. His parents divorced by agreement in January 2023, with the agreement stating that his mother, Zhang, would directly raise Xiao Chen, while his father, Chen, would pay a monthly child support of 2000 yuan. After the divorce, Zhang moved in with her parents, and they helped her take care of Xiao Chen's daily life and school commutes. In early June 2023, Zhang suddenly passed away due to illness, and since then, Xiao Chen has been living with Zhang's parents. Zhang's parents believe that while their daughter was alive, they could assist in raising their granddaughter, but as they grow older and the child's expenses increase, they want to request that Xiao Chen's father, Chen, pay child support for Xiao Chen until she turns 18 and can live independently. However, Xiao Chen's father disagrees with paying child support and expresses his willingness to take care of the child himself. Xiao Chen believes that he has been living with his grandparents and that they mainly take care of his education and daily life. He has become accustomed to living with them. Additionally, his father, Chen, often travels for work and cannot take care of his life and studies, so he hopes to continue living with his grandparents. Although the grandparents are willing to care for the child, they are concerned about their financial ability to provide adequately. They are consulting a lawyer on how to resolve the issues of the child's living expenses and education fees.
Basic Case Facts
Xiao Chen was born in January 2008. His parents reached a divorce agreement in January 2023, which stipulated that his mother, Zhang, would directly raise Xiao Chen, while his father, Chen, would pay a monthly child support of 2000 yuan. After the divorce, Zhang lived with Xiao Chen and her parents, who assisted in taking care of Xiao Chen's daily life and school transportation. In early June 2023, Zhang suddenly passed away, and Xiao Chen has since been living with Zhang's parents. Zhang's parents believe that while their daughter was alive, they could assist in raising their granddaughter, but as they age and the child's expenses increase, they want to request child support from Xiao Chen's father, Chen, for the period until Xiao Chen turns 18 and becomes independent. Xiao Chen's father disagrees with paying child support, stating he is willing to take care of the child himself. However, Xiao Chen feels that he has been living with his grandparents and they mainly take care of his education and daily life. He is accustomed to living with them. Additionally, his father, Chen, often travels for work and cannot take care of his life and studies, so he hopes to continue living with his grandparents. Although the grandparents are willing to care for the child, they are concerned about their financial ability to do so. They are consulting a lawyer on how to resolve the child's living and education expenses.
Lawyer's Opinion
The expenses claimed by Zhang's parents can be divided into two parts. One part consists of the expenses they have advanced, which Chen should reimburse to Xiao Chen's grandparents. If Chen refuses to reimburse, the grandparents can file a lawsuit in their own name. The other part includes the potential future living and education expenses for Xiao Chen before he turns eighteen. If Xiao Chen chooses to live with his grandparents, Chen should pay these expenses monthly or as a lump sum until Xiao Chen turns eighteen or becomes independent. If he fails to pay, Xiao Chen can file a lawsuit in his own name.
1. Chen should reimburse the advanced child support
(1) After Zhang's death, Chen, as Xiao Chen's only guardian, has the obligation to provide for his upbringing and education. As long as Chen is alive and capable of providing support, the grandparents do not have a legal obligation to support Xiao Chen. Since Xiao Chen lives with his grandparents, they have already taken on the daily expenses and some educational costs after Zhang's death, effectively fulfilling Chen's legal obligation to support Xiao Chen. They have the right to demand reimbursement from Chen for the necessary living and educational expenses they have incurred.
(2) Mutual assistance among family members is a principle advocated by the Civil Code. Zhang's parents voluntarily helped care for their daughter's life, which aligns with good traditional family ethics. Chen should be grateful to Zhang's parents, but he has not timely paid for the child's tuition and living expenses. This behavior not only contradicts traditional Chinese moral culture but has also severely affected Xiao Chen's normal study and life. Therefore, Chen should pay the advanced child support.
(3) Currently, it is common for grandparents to take care of their grandchildren, leading to many disputes over reimbursement for advanced support. Although Article 1043, Paragraph 2 of the Civil Code of the People's Republic of China stipulates the obligation of mutual assistance among family members, this obligation should not include the advance payment of money from a legislative intent perspective.
Whether such cases fall under the category of unjust enrichment is debatable, mainly because these cases have an important characteristic: there is a familial and ethical relationship between the parties involved, which is the basis for grandparents voluntarily taking care of their grandchildren.
(4) How should the legal relationship of such assistance among relatives be recognized?
I believe that judicial rulings should effectively guide the relationship between traditional family ethics and legal regulations, and further clarify the criteria for assessing the assistance provided by grandparents, ensuring that grandparents contribute effort rather than money, while properly managing family relationships with their children and establishing a good family ethos.
2. Chen should pay Xiao Chen's child support monthly or as a lump sum
(1) The legitimate rights and interests of minors should be respected and protected, and the principle of acting in the best interests of the minor should be upheld.
Although the grandparents do not have a legal obligation to support Xiao Chen, since he is accustomed to being cared for by them and wishes to continue living with them, this behavior is a mutual assistance act based on blood ties and familial relationships, which is beneficial for ensuring Xiao Chen's healthy growth. Therefore, the child's opinion should be respected, and the grandparents should continue to care for Xiao Chen. The specific amount of monthly living expenses should be determined based on Xiao Chen's actual needs for study and life, the local cost of living, and Chen's income level, which should be paid to Xiao Chen by Chen monthly or as a lump sum.
(2) Generally, after one parent passes away, the custody of the child usually goes to the other parent.
Parents are the legal guardians of their minor children and have a legal obligation to support them. In this case, Xiao Chen is already over eight years old and has clearly expressed a desire to live with his grandparents, who are also willing to take on the responsibility of raising him. In this situation, Xiao Chen's opinion should be followed. According to the principle of maximizing the interests of minors, when dealing with matters involving minors, the opinions of minors should be fully considered, along with the willingness of both parties and their current economic situation. Since Xiao Chen has chosen to continue living with his grandparents, his opinion should be respected, which is more conducive to his healthy growth. Therefore, Xiao Chen should continue to be raised by his grandparents, and Chen should pay Xiao Chen's living expenses monthly or as a lump sum.
Legal Provisions
1. Civil Code of the People's Republic of ChinaArticle 1043: Families should establish a good family ethos, promote family virtues, and pay attention to family civilization construction. Spouses should be loyal to each other, respect each other, and care for each other; family members should respect the elderly and love the young, help each other, and maintain equal, harmonious, and civilized marital and family relationships.
Article 1067: If parents fail to fulfill their support obligations, minor children or adult children who cannot live independently have the right to request child support from their parents.
If adult children fail to fulfill their support obligations, parents who lack the ability to work or are in financial difficulty have the right to request support from their adult children.
Article 1084: The relationship between parents and children is not extinguished by the parents' divorce. After divorce, children are still the children of both parents, regardless of whether they are directly raised by the father or the mother.
After divorce, parents still have the rights and obligations to support, educate, and protect their children.
After divorce, for children under two years old, the principle is that they should be directly raised by their mother. For children over two years old, if the parents cannot reach an agreement on custody, the people's court will make a judgment based on the specific circumstances of both parties, according to the principle that is most beneficial to the minor children. For children over eight years old, their true wishes should be respected.
2. "Law of the People's Republic of China on the Protection of Minors" (Revised on April 26, 2024)
Article 7: Parents or other guardians of minors shall undertake guardianship responsibilities according to the law.
The state shall take measures to guide, support, assist, and supervise the parents or other guardians of minors in fulfilling their guardianship responsibilities.
Article 15: Parents or other guardians of minors shall learn family education knowledge, accept family education guidance, and create a good, harmonious, and civilized family environment.
Other adult family members living together should assist the parents or other guardians of minors in raising, educating, and protecting minors.
Article 16: Parents or other guardians of minors shall fulfill the following guardianship responsibilities:
(1) Provide minors with guarantees in terms of life, health, safety, etc.;
(2) Pay attention to the physical and mental conditions and emotional needs of minors;
(3) Educate and guide minors to abide by laws and regulations, practice thrift, and develop good moral values and behavior habits;
(4) Provide safety education for minors, enhancing their self-protection awareness and abilities;
(5) Respect the right of minors to receive education, ensuring that minors of appropriate age receive and complete compulsory education according to the law;
(6) Ensure that minors have time for rest, entertainment, and physical exercise, guiding them to engage in activities that are beneficial to their physical and mental health;
(7) Properly manage and protect the property of minors;
(8) Legally represent minors in civil legal acts;
(9) Prevent and stop the bad behavior and illegal activities of minors, and provide reasonable discipline;
(10) Other guardianship responsibilities that should be fulfilled.
(Statement: This article reflects the author's views based on experience and is for discussion purposes only.)
Key words:
Related News
Zhongcheng Qingtai Jinan Region
Address: Floor 55-57, Jinan China Resources Center, 11111 Jingshi Road, Lixia District, Jinan City, Shandong Province
