-
The fact that the husband's parents are not the bearers of the primary maintenance is unjustified and unreasonable. If there is a surviving parent, maintenance must be borne by the parent. As long as the court makes a judgment, the judgment must be fulfilled, but the man is unable to pay, and it is difficult for the court to enforce it, so there is no choice but to owe or not pay child support.
Article 37 of the Marriage Law After divorce, the other party shall bear part or all of the necessary living expenses and education expenses for the children raised by one party, and the amount of the expenses 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.
An agreement or judgement concerning the maintenance and education of the child shall not prevent the child from making a reasonable demand to either parent, if necessary, in excess of the amount originally agreed upon in the agreement or judgment.
Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts
7. The amount of child support may be determined according to the actual needs of the children, the affordability of both parents and the actual living standards of the locality.
For those with a regular income, child support payments can generally be paid at the rate of 20 to 30 per cent 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 percent of the total monthly income.
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.
If there are special circumstances, the above proportion may be appropriately increased or decreased.
8. The childcare fee should be paid regularly, and it can be paid in a lump sum if conditions permit.
9. If one party has no economic income or his whereabouts are unknown, his or her property may be used to offset the child's custody expenses.
According to the above provisions, you are not obliged to pay maintenance in a lump sum, nor are you obligated to mortgage the house; Negotiate the amount of monthly alimony according to your income, and if the negotiation fails, sue the court, and the court will decide according to the specific circumstances: if you have no fixed income, the amount of alimony can be determined according to the total income of the current year or the average income of the same industry, with reference to the above ratio. If there are special circumstances, the above proportion may be appropriately increased or decreased.
-
No, there is no such provision in the law
-
After the divorce, one of the parents can claim child support as a state Liang plaintiff. It is handled in the following two situations:
1. If the divorce is agreed by the marriage registration authority, the only way to sue the court in the name of the child is to demand that the father pay child support;
2. If the original court judgment makes a judgment on the payment of child support, if the husband refuses to pay the child support, he can apply to the court for compulsory enforcement; After accepting the compulsory enforcement, the court will inquire into the real estate, vehicles, ** and deposits in the name of the debtor in accordance with the law, as well as other measures stipulated by the law.
Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section (1).
Article 61: The people's courts may employ compulsory measures in accordance with article 111 of the Civil Procedure Law against parties or other persons who refuse to perform or obstruct others' performance of their child support obligations in effective judgments, rulings, or mediation documents.
-
Legal analysis: According to the regulations, after the divorce of the parties, the party who has not obtained custody must pay the child support expenses in accordance with the lawThe relationship between parents and children is not extinguished by the divorce of the parents
After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the father or motherAfter divorce, parents still have the right and obligation to raise and educate their children.
Legal basis: Civil Code of the People's Republic of China
Article 1068: Parents have the right and duty to educate and protect their minor children. Where minor children cause harm to others, parents shall bear civil liability in accordance with law.
Article 106 Children shall respect their parents' marital rights and must not interfere with their parents' divorce, remarriage, or their marital life. The obligation of a child fighter to support her parents does not end due to a change in the marital relationship between her parents.
Article 1071:Children born out of wedlock enjoy the same rights as children born in wedlock, and must not be harmed or discriminated against by any organization or individual.
A biological father or mother who does not directly raise a child born out of wedlock shall bear the maintenance of the minor child or an adult child who is unable to live independently.
-
Summary. Hello dear! In a divorce by mutual agreement, you can ask the other party for child support.
In the case of a divorce by mutual agreement, the parent who does not have direct custody of the children needs to actually pay child support in order to fulfill their maintenance obligations. If there is a situation of non-payment of alimony after the divorce, the other party can file a lawsuit with the court in accordance with the law to require the other party to fulfill his or her maintenance obligations. After obtaining a favorable judgment, you can apply to the court for enforcement.
Hello dear! In a divorce by mutual agreement, you can ask the other party for child support. In the case of divorce by agreement, the party who does not directly support the child needs to actually pay child support in order to fulfill his or her maintenance obligations.
If there is a situation of non-payment of alimony after the divorce, the party who is sentenced to the other party may file a lawsuit with the court in accordance with the law to require the other party to fulfill his or her maintenance obligations. After obtaining a favorable judgment, Dola can apply to the court for enforcement.
Legal basis: Article 1085 of the Civil Code of the People's Republic of China After divorce, the other party shall bear part or all of the necessary living expenses and education expenses for the children raised by one party, and the amount of the expenses and the length of the burn-out period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. An agreement or judgement concerning the child's maintenance and education expenses shall not prevent the child from making a reasonable demand, if necessary, against either of the parents, Piquezi, in excess of the amount originally agreed upon in the agreement or the judgement.
-
If the divorced child is awarded to the man, the woman needs to pay child support. Child support includes expenses such as children's living expenses, education expenses, medical expenses, etc. Article 107 of the Civil Code of the People's Republic of China Article 16 Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.
The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling. Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court. People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.
In any of the following circumstances, where mediation fails, divorce shall be granted: (1) bigamy or cohabitation with another person; (2) Committing domestic violence or abusing or abandoning family members; (3) Having gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife. Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted. Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.
Article 1085:Where children are directly raised by one party after divorce, the other party shall be cautious and 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 demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.
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.
-
Divorce does not have to pay child support, if it is a direct child support, you can not pay child support, but if it is not directly dependent on the party must pay, because raising the child is the legal obligation of the parents, if the parents do not fulfill the obligation of support, the minor child or the adult child who cannot live independently has the right to ask the father Hu Min's mother to pay child support.
[Legal basis].
Article 1067 of the Civil Code of the People's Republic of China provides that minor children or adult children who are unable to live independently shall 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.
Frequently Asked Questions about the Divorce Purchase Restriction Policy. >>>More
The crux of the matter lies in implementation.
To solve this problem, it mainly depends on whether he really does not have the financial ability to pay. If you really don't have the financial ability, you can sue first, and apply for enforcement when the other party has the financial ability. >>>More
to the spouse who remarried (the husband and wife are the first heirs).
The property acquired during the marriage is the joint property of the husband and wife, and the joint property and debts of the husband and wife are jointly owned and borne by the husband and wife, generally one and a half, and the joint property of the husband and wife is divided in accordance with the principle of equality between men and women, protection of the legitimate rights and interests of women and children, and consideration of the innocent party. >>>More
You can report to the police and file a lawsuit with the court, and it is okay to apply for enforcement of child custody after divorce, and you can apply to the court for enforcement. Because the judgment, ruling and mediation agreement of the court will have legal effect once they take effect, and they will be mandatory for the parties, and all parties shall perform their respective obligations in accordance with the content of the legal documents. If the parties do not automatically perform the effective judgment documents, the right holder has the right to apply for compulsory enforcement. >>>More