Shenzhen Marriage and Inheritance Lawyer Discusses Cases, Comprehensive Analysis of the Pre-trial Execution in a Maintenance Fee Dispute Where the Defendant is Absent

Lao Zhang and his spouse have raised three children, namely the eldest son Zhang Jia, the eldest daughter Zhang Yi, and the second daughter Zhang Bing, who are all now adults and have set up their own households. Lao Zhang's spouse has passed away long ago, and his only source of income is the rural social security of more than one hundred yuan per month. Since January 16, 2024, Lao Zhang has been hospitalized for treatment due to injuries caused by his son Zhang Jia's wife's beating, with medical expenses exceeding ten thousand yuan. After the health insurance fund payment, Lao Zhang personally needs to bear several thousand yuan. However, since that day, except for Zhang Yi giving Lao Zhang two hundred yuan and Zhang Bing giving five hundred yuan, Zhang Jia, Zhang Yi, and Zhang Bing have not fulfilled any other filial obligations.

Lao Zhang sued the court, requesting that Zhang Jia, Zhang Yi, and Zhang Bing each fulfill their annual alimony obligations of 9,600 yuan to him, and that they jointly bear the medical expenses of over 10,000 yuan for Lao Zhang's hospitalization. Zhang Jia, Zhang Yi, and Zhang Bing failed to file an answer, and after being summoned by the court, they also did not appear in court to participate in the lawsuit.

Second, the court trial

The court has verified that Zhang Jia, Zhang Yi, and Zhang Bing currently all have the ability to work, and their income from labor is the main economic source for their respective families. Although the three have a general family economic condition, they are all able to support Old Zhang. However, since January 16, 2024, except for Zhang Yi giving Old Zhang two hundred yuan and Zhang Bing giving five hundred yuan, the three have not fulfilled their other obligations of support. Old Zhang has not provided evidence to prove that his injury was caused by his wife beating him. On January 16, 2025, Old Zhang applied to the court for preliminary enforcement, requesting that the three children each pay 9,600 yuan in alimony and their respective shares of medical expenses. On January 17, 2025, the court issued a civil ruling, ordering Zhang Jia, Zhang Yi, and Zhang Bing to pay the alimony and medical expenses in advance. Subsequently, the court enforced the alimony owed by Zhang Yi on March 17, 2025, and the alimony owed by Zhang Jia on February 21 and February 28, 2025.

The court believes that the specific amount of alimony should be comprehensively considered factors such as the local economic level, the actual needs of the person to be supported, and the economic capacity of the person providing support. In the trial, Old Zhang stated that he has no other major diseases except for the injury; Zhang Jia, Zhang Yi, and Zhang Bing are all ordinary salaried workers with limited income. Moreover, the calculation is based on the "actual amount paid by Old Zhang" rather than the total medical expenses, strictly adhering to the principle of "actual loss compensation," to avoid Old Zhang obtaining additional benefits due to medical insurance reimbursement.

Ultimately, the court ruled that Zhang Jia, Zhang Yi, and Zhang Bing shall pay Lao Zhang an alimony of eight hundred yuan before the 28th of each month starting from September 2026, and pay the respective medical expenses they should bear from the total amount of Lao Zhang's self-paid medical expenses within five days after the judgment takes effect.

Case Difficulties

1. Absent judgment:Zhang Jia, Zhang Yi, and Zhang Bing were summoned to court by court order but failed to appear without justifiable reasons. The court applied a default judgment under Article 147 of the Civil Procedure Law, which not only protected Lao Zhang's right to litigation but also avoided the case dragging on due to the three individuals' passive litigation. This is in line with the requirement of "balancing procedural justice and efficiency."

2. Preliminary Execution: After Mr. Zhang applied for preliminary execution, the court ruled that Zhang Jia, Zhang Yi, and Zhang Bing should pay a portion of the alimony and medical expenses first, and the actual execution was completed in time, which promptly alleviated Mr. Zhang's living and medical difficulties, reflecting the judicial guidance of "guaranteeing the urgent basic living needs of the elderly" in alimony disputes.

Chapter 4: The Tang Code Interpretation

Dowell Law Firm Guangdong Office Dowell Marriage and Family Law Team, with ten years of focus on the field of marriage and family legal services, analyzes the case as follows:

1. The court believes that the specific amount of alimony should be comprehensively considered, including local economic level, the actual needs of the person to be supported, and the economic capacity of the person providing support. In the trial, Mr. Zhang stated that he has no other major diseases except for the injury; Zhang Jia, Zhang Yi, and Zhang Bing are all ordinary salaried workers with limited income. Moreover, the calculation is based on the "actual amount paid by Mr. Zhang" rather than the total medical expenses, strictly adhering to the principle of "compensation for actual loss," to avoid Mr. Zhang obtaining additional benefits due to medical insurance reimbursement.

2. Clarify the non-removable nature of legal filial piety obligations:The obligation of adult children to support their parents is a legally mandatory obligation that cannot be exempted for reasons such as "conflict with parents" or "not living together in actuality." Even if the defendant is absent from the trial, the court may still make a judgment according to law to require them to fulfill their obligations, providing clear judicial support for the protection of the rights and interests of the elderly.

3. Balancing the rights of the elderly and the burden on children:The court did not mechanically support Lao Zhang's high claims, but instead, considering the economic conditions of both parties and the local level, it weighed the amount to avoid causing difficulties in the children's lives due to "over-protection of the plaintiff," providing a judgment reference for similar cases based on "matching needs and abilities."

4. Strengthen the legal guidance of "honoring the aged and respecting the elderly":The judgment is based on the provisions of the "Civil Code," transforming the "traditional virtues of the Chinese nation" into specific legal liabilities, guiding the public to pay attention to the filial duty to the elderly, and has a positive social guiding significance.

V. Legal Index

Article 1067 of the Civil Code: If parents fail to fulfill their obligation to support, minor children or adult children who are unable to live independently have the right to require their parents to provide alimony.

Adult children who do not fulfill their filial duty, and parents who lack the ability to work or are in difficult living conditions, have the right to require adult children to pay alimony.

Article 147 of the Civil Procedure Law: If the defendant fails to appear in court without a legitimate reason after being summoned by a writ or leaves the courtroom without permission in the middle of the trial, a default judgment may be made.

Daohua Family Law Firm, specializing for ten years in major property, marriage, and family legal services, is an expert in marriage inheritance and family disputes (mediation/trial). It is one of the influential brands in [Shenzhen] for marriage inheritance and wealth management legal services. The team has handled over 1000 cases of marriage inheritance and has extensive practical experience in mediation and litigation in major complex marriage and family disputes, inheritance disputes, will drafting, and family property distribution. The team applies local wisdom, excels in handling difficult divorce property division cases involving Shenzhen small property rights houses, village committee shares, will drafting and notarization, and inheritance disputes, winning unanimous praise from clients.

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