How to stop divorce alimony and how to solve the problem of alimony after divorce

According to the provisions of the Marriage Law, if the relationship between the husband and wife has indeed broken down, a divorce may be granted. For the issue of child support, it is necessary to carefully confirm the circumstances of both parties from the perspective of being conducive to the child's growth, but the child during the breastfeeding period is generally awarded to the woman for support, if it is not a lactation period, it is necessary to see that party is more suitable for the child's growth and solicit the child's own opinion. The parent who does not support the child should pay monthly maintenance, which is generally between 20 and 30% of the annual income.

The joint property and debts of the husband and wife shall be jointly owned and borne by the husband and wife, and shall generally be half of the person. If one party is at fault, the division of property can be divided with less or no share, and the specific share will be determined by the court. In general, after marriage, the prenuptial bride price is treated as joint property and cannot be refunded, and if there is no marriage, the other party can be asked to return the bride price.

In the case of divorce by agreement, after negotiation between the two parties, they should go through the divorce formalities at the original marriage registration authority with the divorce agreement, marriage certificate and ID card of both parties and receive the divorce certificate; In the case of litigation divorce, one party may unilaterally file a lawsuit in the court where the defendant is domiciled, or in the court where the defendant is not registered but has resided for more than one year.

If you don't need to pay child support when you become an adult, then you don't have to pay it, and if it is enforced by the court, then apply to the court to request the termination of the enforcement.

Advice: Marriage is risky, and divorce should be cautious.

Are you receiving child support, which is deducted directly from your ex-husband's salary and credited to your card? Then you can issue a certificate proving that the child is an adult, make a copy of the child's household registration book, say yes to your ex-husband, take it to the person who pays your salary at your ex-husband's unit, and ask the other party to stop paying you child support, which should be fine.

You can contact the judge who undertook this matter and see if you can stop deducting wages.

When the child reaches the age of majority, he or she is not required to pay child support.

Legal Analysis:1Negotiate a settlement.

2.If the negotiation fails, the court will sue.

Legal basis: Article 1067 of the Civil Code of the People's Republic of China Where parents fail to perform their obligation to support them, 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 perform the duties of alimony, lack the ability to work or have difficulties in living have the right to demand alimony from their adult children.

After a divorce, alimony can be reduced, provided that the following conditions are met:

1.Due to long-term illness or loss of ability to work, loss of economic income, and is truly unable to pay the amount determined by the original agreement or judgment, and the party raising the child is able to afford it and has the ability to support it;

2.Those who have been imprisoned and reformed for crimes and are unable to pay;

3.After the parent who directly raises the child remarries, the stepfather or stepmother is willing to pay part or all of the child's maintenance.

1. How to reduce child support on its own?

Maintenance payments generally cannot be reduced on their own, but can be reduced if there are any of the following circumstances or if they are agreed upon with the other party:

1. Due to long-term illness or loss of ability to work, loss of economic income, and inability to pay according to the original agreement or judgment, and the parent raising the child can afford it;

2. Those who have to serve a sentence for committing a crime and are unable to pay;

3. The spouse of the remarried spouse who is raising the child is willing to raise the child.

2. What are the conditions for choosing a waiver or exemption of child support?

To claim a waiver of child support, one of the following conditions must be met:

1. Due to long-term illness or loss of ability to work, loss of economic income, and the inability to pay the amount determined by the original agreement or judgment, and the party raising the child is able to afford it and has the ability to support it;

2. Those who have been imprisoned and reformed for crimes and are unable to pay;

3. After the party directly raising the child remarries, the stepfather or stepmother is willing to bear part or all of the child's maintenance.

3. Under what circumstances alimony may not be paid?

1. The two sides negotiate and reach an agreement.

As long as both husband and wife are willing, that is, as long as one of the husband and wife does not give the other party and gives more, then the husband and wife can negotiate to solve the problem of divorce and not paying child support.

2. Special circumstances.

In general, divorce without child support can be divided into three situations:

1) The payer is unable to pay the amount determined by the original agreement or judgment due to long-term illness or loss of working ability, and has no financial ability, and the party directly raising the child is able to afford it and has the ability to support it.

2) The payer has been imprisoned for reform or re-education through labor due to violations of the law or crime, and has lost its financial ability and is unable to pay. However, after the restoration of personal freedom, if there is economic **, it should still be paid according to the original agreement or judgment.

3) The party who directly raises the child remarries, and the stepfather or stepmother is willing to bear part or all of the child support. In this case, the amount of maintenance borne by the party liable for payment may be relatively reduced. However, if the stepfather or stepmother is unwilling to raise them, the amount of the biological father's or mother's payment cannot be reduced.

Article 49 of the Interpretation (1) of the Marriage and Family Section of the Civil Code of the People's Republic of China provides that the amount of alimony may be determined on the basis of the actual needs of the children, the affordability of both parents and the actual living standards of the locality.

For those with a fixed income, maintenance can generally be paid at the rate of 20 to 30 percent of their total monthly income. Where two or more child support expenses are paid, 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 maintenance 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.

Where there are special circumstances, the above proportion may be appropriately increased or decreased.

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

2. Parents who are over 16 years old but under 18 years old and whose labor income is the main livelihood and can maintain the general living standard of the local area, may stop paying child support.