How to collect social support fees for children born in 2014

A: The answer, of course, is no. Social maintenance fees, the so-called "over-birth fines".

Analysis: 1. As a newly-born child, regardless of whether it is superborn or not, as long as he (she) is born, he (she) is a life, in accordance with the provisions of the "Regulations of the People's Republic of China on Household Registration", the public security organs should give him a household registration, and at the same time can report the situation to the family planning management department; 2. For the collection of social maintenance fees, all levels should be collected in accordance with the provisions of the "Population and Family Planning Law of the People's Republic of China" and the "Administrative Measures for the Collection of Social Maintenance Fees". If the family planning department can collect as much as possible, if it cannot be collected, it may apply to the people's court for compulsory enforcement; 3. For the floating population to collect social maintenance fees, the public security organs can implement the residence permit and ID card management system, regardless of the subject of the levy of social maintenance fees can be found out, in the unit can be deducted wages on a monthly basis, business can apply for the execution of his property, can also inquire about their bank deposits and other treatments, there is no problem that cannot be collected social maintenance fees; 4. If the public security organ does not register the child of the target household who is unable to pay social maintenance fees for a long time, he is innocent as a child.

If he sues the court and sues you for administrative inaction, the public security organ has no legal basis to refute it. It is certainly untenable for the public security organs to assume that the public security organs have not paid social maintenance fees on the grounds that their parents have not paid social maintenance fees, because the payment of social maintenance fees is not a pre-procedure for the public security organs to register their accounts. According to the Regulations of the People's Republic of China on Household Registration, the Population and Family Planning Law of the People's Republic of China, and the Administrative Measures for the Collection and Collection of Social Maintenance Fees, the payment of social maintenance fees and the registration of household registration by public security organs are independent administrative acts.

Moreover, the public security organs have registered the children who have been born in excess of the child, which also provides strong evidence for the collection of social maintenance fees. 5. If the leaders at all levels insist on implementing the principle that "social maintenance fees must be paid to register a child," then the "Regulations of the People's Republic of China on Household Registration," the "Population and Family Planning Law of the People's Republic of China," and the "Measures for the Administration of the Collection of Social Maintenance Fees" should be amended. However, this does not solve the substantive problem at all, but increases the social problem, which is a historical regression.

Specifically, divorce alimony is introduced in a very comprehensive manner.

Legal analysis: Children born in 2015 have to pay social support fees Wang Yanjian.

Legal basis: Population and Family Planning Law of the People's Republic of China

Article 41: Citizens who do not conform to the provisions of Article 18 of this Law and give birth to children shall pay social maintenance fees in accordance with law. If the social maintenance fees that should be paid in full within the prescribed time limit shall be paid in full, a late fee shall be imposed in accordance with the relevant provisions of the State from the date of non-payment; If the payment is still not made, the family planning administrative department that made the expropriation decision shall apply to the people's court for compulsory enforcement in accordance with law.

Article 42: Where a person who pays social maintenance fees in accordance with the provisions of Article 41 of this Law is a state functionary, he shall also be given an administrative sanction in accordance with law; Other personnel shall also be given disciplinary sanctions by the unit or organization to which they belong.

Child support standard issues.

1. Divorce child support standards.

1.If both husband and wife divorce, the child shall be raised by one party, and the party who does not raise the child shall pay child support for the divorce;

2.Child support includes expenses such as child living expenses, education expenses, medical expenses, etc.

2. Specific standards for child support in divorce:

1.For those with a fixed income, child support can generally be paid at the rate of 20%-30% of their total monthly income. Where two or more children are responsible for raising expenses, the proportion may be appropriately increased, but generally must not exceed 50% of the total monthly income;

2.If there is no fixed income, the amount of child support allowance may be determined on the basis of the total income of the year or the average income of the same industry, with reference to the above proportions;

3.If there are special circumstances, the above proportion may be appropriately increased or decreased;

4.In addition to the standard of salary income ratio, the actual needs of the child, the financial income capacity of both parents and the actual living standard of the local area should also be considered.

3. Payment of child support in divorce:

1.If the economic conditions permit, the maintenance fee may be paid in a lump sum;

2.If the conditions for a lump sum payment are not met, the maintenance fee may be paid on a monthly or regular basis, or on a quarterly or annual basis.

4. Number of years of child support in divorce:

1.The period of payment of child support shall generally end until the child reaches the age of 18;

Parents who are over the age of 18 and whose main livelihood is their labor income** and who are able to maintain the general living standard of the local area may stop paying child support.

The obligation to support the child is not subject to whether you are married or not, and your wife's previous unmarried children do not affect the obligations that both parties should bear to the child, so your wife can ask the child's father to recover the child support that she should bear before raising the child alone, and now the child is back to the father, and the same manuscript can also ask your wife to pay child support until the child is 18 years old. However, it is difficult for a clean official to judge family affairs, the child is a living flesh and blood, thoughtful and self-respecting person, you should still focus on the child's growth to negotiate, both sides should be generous, try to create a better environment for the child to grow stupid. Moreover, the condition of the child's father is not good, and the future is uncertain, I personally still hope that since you have chosen his mother, you still love the house and Wu, and the stepfather is also the father.

Article 25 of China's Marriage Law stipulates that children born in wedlock who are not under the supervision of the child shall enjoy the same rights as children born in wedlock, and no one shall harm or discriminate against them. The father of a child born out of wedlock shall bear part or all of the child's necessary maintenance and education expenses until the child is able to live independently.

Although a child born out of wedlock is a child born of an improper relationship between a man and a woman, the responsibility rests with his parents. Children are not at fault and have the same legal status as legitimate children, and all the relevant provisions of the Marriage Act apply.

So you need to pay child support. In fact, now you can ask each other to pay child support. The other party may not change the guardian on the grounds that the other party is not suitable for raising the child at present.

Qi Pei searched for the man's situation to confirm that he was not suitable for raising children, and for the growth of the children, it was better for you to raise them.

Definitely, if he wants it, then must give.

The parent who does not support the child should pay child support, which is generally 20-30% of the party's income. Child support includes living expenses, education expenses, medical expenses, etc. The specific amount of child support should also be determined according to the standard of living in the city where the child is located and the actual living needs of the child.

Maintenance is paid until the child reaches the age of 18.

If the party who pays the child support does not pay the child support, the child can be used as the plaintiff, and the party raising the child can be sued as the legal ** person, and the party who should pay the child can be paid according to the divorce agreement or judgment.

If there is a written agreement that the other party is required to pay child support.

If the court decides that the other party is required to pay child support, you can apply to the court for a payment order in the name of the child with the agreement or court judgment.

Finding a woman is a matter for the court.

It is good to apply to the court to freeze the other party's account.

Take the agreement to the court and file a lawsuit.