Is the child support agreement signed privately between the two people valid

Updated on society 2024-03-16
6 answers
  1. Anonymous users2024-02-06

    As long as the two parties reasonably distribute the maintenance obligations through negotiation and protect the custody rights of the minor children, the maintenance agreement signed privately is also valid.

    The maintenance agreement is not only an agreement on the rights and obligations of both parties to the agreement, but also directly affects the right of minor children to enjoy parental support. Therefore, if a maintenance agreement violates the custody of a minor child and the parents wish to use the agreement to escape the obligation to support the minor child, the maintenance agreement is invalid.

    Article 21 of the Marriage Law: Parents have the obligation to raise and educate their children; Children have an obligation to support their parents.

    If the parents fail to fulfill the obligation to support them, the child who is a minor or who is unable to live independently has the right to demand maintenance from the parents.

    In the event that a child fails to fulfill his or her maintenance obligations, the parent who is unable to work or who is in difficulty in living has the right to demand maintenance from the child.

    Infant drowning, infant abandonment and other acts of infant mutilation are prohibited.

    Article 52 of the Contract Law shall be invalid under any of the following circumstances:

    1) One party concludes a contract by means of fraud or coercion, harming the interests of the state;

    2) Malicious collusion, harming the interests of the state, the collective, or a third party;

    3) Concealing illegal purposes in a lawful form;

    4) Harming the public interest;

    5) Violating mandatory provisions of laws and administrative regulations.

  2. Anonymous users2024-02-05

    If an oral agreement on child custody is an expression of the true intention of the parties and does not violate the mandatory provisions of the law and public order and good customs, it has legal effect. However, it is very difficult to verbally agree to collect evidence, so it is better to sign an agreement.

    Civil Code of the People's Republic of China

    Article 143: [Requirements for the Validity of Civil Juristic Acts]Civil juristic acts that meet the following conditions are valid:

    1) The perpetrator has the corresponding capacity for civil conduct;

    2) The meaning is genuine;

    3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

    Article 1084: [Parent-Child Relationship After Divorce] The relationship between parents and children is not extinguished by the divorce of parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.

    After divorce, parents still have the right and obligation to raise, educate and protect their children.

    In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.

    Circumstances in which child custody can be changed after divorce

    First, the parent living with the child is unable to continue to raise the child due to serious illness or disability;

    Second, the party living with the child does not fulfill the obligation to support the child or abuses the child, or the party living with the child has a negative impact on the child's physical and mental health;

    Third, a minor child over the age of 8 who is willing to live with another party who has the ability to support them;

    Fourth, there are other legitimate reasons that need to be changed.

    It should also be noted that after a divorce, the children live with one party, the other party has the right to visit, and the other party has the obligation to assist. If the other party does not allow you to visit the child for a long time, deprives you of visitation rights, and seriously endangers the child's physical and mental health and growth, you can also file a lawsuit with the court to change the child's custody rights.

    In short, custody can be changed when certain circumstances between the parties or the children and the circumstances at the time of the divorce judgment occur that affect the interests of the children.

  3. Anonymous users2024-02-04

    As long as it is an expression of the true intentions of both parties, it is possible. However, the obligation to support the child is not only the mother's one, but also the father's obligation. You also have to think about this aspect.

  4. Anonymous users2024-02-03

    Legal Analysis: The validity of a privately concluded maintenance agreement depends on the circumstances

    First, as long as the two parties reasonably distribute the maintenance obligations through negotiation and protect the custody rights of the minor children, the maintenance agreement signed privately is also valid;

    Second, if the maintenance agreement violates the custody rights of the minor child and the parents wish to use the agreement to evade the obligation to support the minor child, the maintenance agreement is invalid.

    Legal basis: Article 143 of the Civil Code of the People's Republic of China A civil juristic act that meets the following conditions is valid: (1) the actor has the corresponding capacity for civil conduct; 2) The meaning is genuine; (3) Do not violate the laws and administrative laws and regulations on the prohibition of travel and control, and do not violate public order and good customs.

  5. Anonymous users2024-02-02

    The validity of a privately signed maintenance agreement depends on the circumstances: first, as long as the two parties reasonably distribute the maintenance obligations through negotiation and protect the custody rights of the minor children, the privately signed maintenance agreement is also valid; Second, if the maintenance agreement violates the custody rights of the minor child and the parents wish to use the agreement to evade the obligation to support the minor child, the maintenance agreement is invalid. Article 143 of the Civil Code of the People's Republic of China Civil juristic acts that meet the following conditions are valid:

    1) The perpetrator has the corresponding capacity for civil conduct; 2) The meaning is genuine; 3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

  6. Anonymous users2024-02-01

    Legal Analysis: Depends on the circumstances. Where a husband and wife privately sign a maintenance agreement, if it comes from the true intention of both parties, it is in accordance with the law and has legal effect.

    However, if the custody agreement violates the custody rights of the minor child, and the parents want to use the custody agreement to evade the obligation to support the minor child, the Gaodou custody agreement is invalid. The maintenance agreement is not only an agreement on the rights and obligations of both parties, but also directly affects the right of minor children to enjoy parental support.

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

    Article 1067: Where parents do not perform the duties of raising their righteous relatives, minor children or adult children who are unable to live independently have the right to demand 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.

    Article 143:Civil juristic acts that meet the following requirements are valid: (1) The actor has the corresponding capacity for civil conduct; 2) The meaning is genuine; 3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

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