Can I ask the other party for alimony during the separation?

Hello, mine below;

1. According to the provisions of the Marriage Law, both husband and wife have the obligation and responsibility to raise children regardless of whether they are divorced, during marriage or separated.

2. During the period of separation between you and your wife, she is not responsible for the maintenance of the minor children, and you can file a lawsuit with the court as the guardian of the child to ask him to pay his part of the expenses.

3. It is the legal duty and obligation of parents to raise minor children, and the performance of this obligation cannot be stopped for any subjective or objective reasons. Your wife's separation from you due to a family dispute and her unwillingness to fulfill her legal obligation to raise the child on this ground has violated the legitimate rights and interests of the minor child's dependents.

Therefore, it is necessary to pursue the claim for maintenance from your wife through litigation.

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In addition, if the other party takes your cash and the money on the bank card, as long as the bank card is in your name, then you can recover the money by legal means, even if the money is your joint property, the other party cannot take it all, he only has the right to divide.

If the husband and wife are separated, who should bear the child support?

Maintenance is also required during the period of separation. Parents have a duty to upbring, educate and protect their minor children, so they are also required to pay maintenance during separation. If the parents do not fulfill the obligation to support them, the minor children or adult children who are unable to live independently have the right to demand that the parents pay child support.

[Legal basis].

Article 26 of the Civil Code provides that parents have the obligation to raise, educate and protect their minor children. Adult children have an obligation to their parents to support, support and protect them. If the parents do not fulfill the obligation to support them, the minor children or the adult children who are unable to live independently have the right to demand that the parents pay child support.

Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand alimony from their adult children.

During the period of separation, if the child is not directly supported by one of the parents, then both parties are required to pay maintenance, and if the child follows one of the parents, then the maintenance is paid by the other parent. This is because alimony is usually paid by the parent who does not directly support them.

[Legal basis].Article 1,000 of the Civil Code of the People's Republic of China is purely Article 085.

After the divorce, if the children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable request to either parent in excess of the amount originally set in the agreement or judgment when necessary.

Legal analysis: both parties need to pay alimony during the period of separation, because it is the legal obligation of parents to raise children, regardless of whether the parents are separated or divorced, they must bear the obligation and responsibility of support, and if the parents do not perform the obligation of support, the minor children are old or can not live independently, and the adult children have the right to ask the parents to pay alimony carefully.

Legal basis: Civil Code of the People's Republic of China

Article 26: Parents have the obligation to raise, educate, and protect their minor children.

Adult children have an obligation to their parents to support, support and protect them.

Article 1067:Where parents do not perform their obligation to support them, minor children or adult children who are unable to live independently have the right to request that their parents pay child support.

Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.

Maintenance cannot be claimed during the period of separation because the property is commingled during the marriage.

The maintenance fee during the period of separation shall be determined by the parties through negotiation, and if the negotiation fails, the court shall make a judgment in accordance with the following principles:

1.For those who have a fixed income, the child support fee can generally be paid at the rate of 20% of their total monthly income to 10% of the total monthly income.

2.If there is no fixed income, the amount of child support 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.

Legal basis] Article 1085 of the Civil Code, after divorce, if the children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the negative liquid quarrel cost and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Do you have to pay child support during separation? There is no need to pay this during the period of separation, but after the divorce, it is necessary to guess the payment of alimony, so separation and divorce are two concepts, so separation is a divorce of a divorce.

Do I have to pay Cheong Hong alimony during separation? Of course, during the period of separation, you should also float your own responsibilities, and you must pay child support, which is stipulated by law.

Yes, Article 1067 of China's Civil Code stipulates that if the father and mother do not perform the obligation of support, the minor children or adult children who cannot live independently have the right to demand that the parents pay child support. If one party does not pay alimony after the divorce, then the other party may apply to the court of first instance, and the court of first instance will educate and warn the party who does not enforce the judgment, and urge him to fulfill his obligation to raise his children. ”

Definitely have to pay, because the kids are still theirs

Not paid. Not a single cent. Or come back. Or don't pay.

Even during the period of separation, the two people have to raise their own children together.