If my younger brother is adopted, will I still have to pay child support in Vietnam?

If my younger brother is adopted, will I still have to pay child support in Vietnam?

I have a younger brother who is 10 years old and his parents unfortunately passed away early in a traffic accident. Currently, my younger brother is living with his grandparents. Their situation is also very difficult, so I am obliged to provide 2 million VND to my younger brother every month. If a distant relative without children wants to adopt my younger brother, do I still have to support my younger brother? I hope you can help me answer, thank you very much.

Answer: According to the provisions of Article 112 of the Law on Marriage and Family 2014

In case they no longer have parents or their parents have no working capacity and no property to support their children, adult elder siblings who do not live together with their younger siblings have the obligation to support their minor siblings who have no property to support themselves or adult younger siblings who have no working capacity and no property to support themselves; adult younger siblings who do not live together with their elder siblings have the obligation to support their elder siblings who have no working capacity and no property to support themselves.

Article 118 of the 2014 Law on Marriage and Family stipulates termination of support obligation:

The support obligation shall terminate in the following cases:

1. The supported person has become adult and has working capacity or property to raise himself or herself;

2. The supported person is adopted;

3. The supporting person directly raises the supported person;

4. The supporting or supported person dies;

5. The supported person re-marries after divorce;

6. Other cases prescribed by law.

According to the provisions of Clause 2, Article 118 of the 2014 Law on Marriage and Family, the support obligation will terminate when the supported person is adopted. Thus, after your younger brother is adopted, the support obligation between you and your younger brother will end according to the above regulations.

Above is the consultation content related to the content of terminating the support obligation in the case of the person receiving support being adopted.

When does support obligation change to raising obligation in Vietnam?

Currently, my mother is living with my brother. I am responsible for supporting my mother with 1.5 million VND monthly. In the near future, I want to take my mother home to live with me. Please tell me, when I take my mother home, my support obligation will terminate, right? Because at that time, I directly took care of and supported my mother. Or specifically: When does the obligation to support change to the obligation to raise? Look forward to your feedback soon.

Answer: According to the provisions of Article 111 of the Law on Marriage and Family 2014

Adult children who do not live with their parents have the obligation to support their parents who have no working capacity and no property to support themselves.

Article 118 of the 2014 Law on Marriage and Family stipulates termination of support obligation:

The support obligation shall terminate in the following cases:

1. The supported person has become adult and has working capacity or property to raise himself or herself;

2. The supported person is adopted;

3. The supporting person directly raises the supported person;

4. The supporting or supported person dies;

5. The supported person re-marries after divorce;

6. Other cases prescribed by law.

According to the provisions of Clause 3, Article 118 of the 2014 Law on Marriage and Family, the support obligation will terminate when the supporting person directly raises the supported person. Thus, after you take your mother to live with you and directly takes care of and supports her, the obligation to support her will end.

Above is the consultation content related to the content of terminating the support obligation in cases where the supporter has directly raised the supported person.

Is supporting parents an obligation for all children in Vietnam?

My name is Lan Anh from Can Tho, I have a few questions that I hope you can answer. My mother has 4 children, 3 boys and 1 girl. Currently, my mother is living with me in a very difficult situation. Currently, my brothers are pushing the responsibility of taking care of her to me. Please let me ask. Do I have the right to request my brothers to pay monthly support to my mother? Specifically: Is supporting parents an obligation for all children?

Answer: According to the provisions of Article 111 of the Law on Marriage and Family 2014

Adult children who do not live with their parents have the obligation to support their parents who have no working capacity and no property to support themselves.

In addition, according to the provisions of Article 109 of the Law on Marriage and Family:

In case many persons have the obligation to support one person or many persons, they shall agree mutually upon methods and levels of contribution suitable to the actual income and ability of each supporting person and the essential needs of the supported person(s); if they fail to reach agreement, they may request a court to settle it.

Currently, your brothers do not live with your mother, so they also have the obligation to support your mother. Thus, in cases where many people have the obligation to support one person, these people must agree with each other on the method and level of contribution appropriate to their income. Taking care of and supporting father and mother is the responsibility of all children, so you can your brothers to provide support for your mother to take care of her life.

Regarding the level of support, the siblings can negotiate depending on each person's actual income and your mother's essential needs.

Best regards!