On the distribution of children s property after divorce 20

1. The child is so young, in principle, it should be raised by the mother.

2. You can negotiate on the issue of custody, and if it is a judgment, you can file a lawsuit with the court to change the custody in the case of a change in circumstances.

3. Alimony is generally 20% to 30% of the general salary for child support, depending on the judge's discretion.

4. The situation you are talking about should be joint property.

5. The issue of child support and the division of property are two different issues.

The situation you are talking about is not specific.

1. First of all, the distribution of property is that the personal property belonging to both parties before marriage is owned by the individual, and the legal income after marriage is the joint property of both parties.

2. When the husband and wife divorce, the ownership of custody can be negotiated with each other, and if the negotiation fails, the court will make a judgment.

For the custody of children, under the age of two years to the woman, 2 to 10 years old, the court will examine who is conducive to the child's growth and decide who the child belongs to, generally who the child lives with, the court will maintain the status quo and award the child to the party to raise, and the child over the age of 10 can choose who to live with.

The parent who does not have a child is required to pay child support to the parent with the child on a monthly or lump sum basis.

1. If the child belongs to me, I can not divide more property.

A child belonging to one party may not share more than one of the property, as follows:

1. If both parties are not at fault for the divorce, the property is generally half of one person, and the husband and wife have equal rights to dispose of the joint property;

2. However, the party without children shall pay child support to the party with children on a monthly or one-time basis;

3. At the time of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties, and if the agreement is not reached, the people's court shall make a judgment according to the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.

2. Can I get the custody of the child if I don't want it?

It is possible to divide the property without custody of the child. The division of property caused by divorce stipulates that if it is joint property, it is generally divided equally between the two parties, and the parent who raises the child needs the other party to pay the corresponding maintenance. The parties may first negotiate to decide on the ownership of maintenance and the standard of child support, and if the negotiation fails, they may appeal to the court.

The court will judge the case based on the financial situation of both parties, their living conditions, and the physical and mental health of the child.

The property of a divorced child is not divided, because the ownership of the child's property belongs to him, not to his parents, and the parents do not have the right to divide the property. Parents, as guardians of their children, must not dispose of the ward's property except to protect the interests of the ward.

[Legal basis].

Article 35 of the Civil Code of the People's Republic of China.

Guardians shall perform guardianship duties in accordance with the principle of the best interests of the ward. Guardians must not dispose of the ward's property except to protect the ward's interests.

When performing guardianship duties, the guardians of minors shall respect the true wishes of the wards based on the ward's age and mental status when making decisions related to the ward's interests.

Adult guardians performing guardianship duties shall respect the true wishes of the ward to the greatest extent possible, and ensure and assist the ward in carrying out civil juristic acts appropriate to their intellectual and mental health conditions. Guardians must not interfere in matters that the ward has the ability to handle independently.

Article 240.

The owner shall have the right to possess, use, benefit and dispose of his immovable or movable property in accordance with the law.

After the divorce, the distribution of the children's property shall be handled by agreement between the two parties, and if the agreement is not reached, the court shall make a judgment. For the custody of the child, the court will generally rule that the woman will directly raise the child under the age of two, and if the child is over the age of two, the court will make a judgment on the principle that it is more conducive to the child's growth. If one party has a situation that is not conducive to the child's growth, it is not conducive to obtaining custody of the child.

For the joint property of the parties, the court will make a judgment based on the specific circumstances of the property and the circumstances of both parties.

[Legal basis].

Article 1084 of the Civil Code of the People's Republic of China The relationship between parents and children shall not be extinguished by the divorce of the 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.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Hello, the house, furniture and subsequent decoration purchased by your husband and wife after marriage belong to the joint property of your husband and wife, and should be divided according to the joint public ownership.

The audio store opened before the marriage has nothing to do with your marriage, and can be handled according to the actual situation of the two of you (if you think that you can still operate together after divorce, you can continue to operate; If you think it is not possible, you can consider transferring your share of the audio store to him, or the two of you can transfer the entire audio store to others, and divide the money obtained from the transfer of the audio store according to your original investment ratio or other negotiation methods.

Your child is only 6 and a half months old, according to the laws of our country, there are no special circumstances, the man cannot file for divorce during this period, and you can, on the other hand, if the child is under the age of two months, it will be raised by the mother, and the father will pay child support.

Property jointly purchased after marriage is the joint property of the husband and wife, and shall be divided by both parties. If the child is too young, it should generally be raised by the mother, and the father of the child should bear the maintenance costs. The pre-marital shop should belong to your partnership property, and you have the right to dispose of it according to law.

Issues concerning child support and the distribution of property after divorce shall be resolved through consultation.

If the negotiation fails, you can only go to the court for a judgment;

One parent raises the child and the other pays child support;

If it is a 9-year-old child, who the child wants to follow, the child's opinion is very important, and the court generally decides according to the child's opinion.

The joint property of husband and wife shall be divided equally.

1. Negotiate between the two parties on child support and property distribution at the time of divorce. But there is a homestead problem in the countryside, generally speaking, if you marry your husband's village, then you will definitely not get the house, but you can get the corresponding compensation.

2. If the child issue cannot be negotiated, the 9-year-old child is generally with the mother, except for the mother who has no ability to support or the man has good conditions or the woman has bad habits such as gambling and drug abuse.

3. The opinion of the child upstairs should be over 10 years old, and the court does not ask for the opinion of the 9-year-old child.

4. If there is no special reason, the property shall be divided equally.

Hello, in your case, the property should be the joint property of the husband and wife at the time of divorce, and the property should be divided equally at the time of divorce. Who has custody of the child is mainly determined by the wishes of the child and your respective financial situation after the divorce. For the custody of children, the law is based on the principle of benefiting the children to vest guardianship.

That is to say, whoever has good economic conditions and who the children can get better educational conditions and growth environment with, the law is inclined to give custody to whom. Of course, the child's wishes are also a key factor. The parent who does not receive custody pays child support.

As women, we need to fight for our legal rights.

In the case of custody, the court will decide on the principle of benefiting the child's development.

Joint property, like your family's home, is considered joint property.

Hello, you can ask for the consent of the child when you are about 10 years old. Property: The marital wages are joint property and need to be divided equally.