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Maintenance can be claimed in the name of the child, as the children of the marriage enjoy the same treatment as the children of the outside of marriage. For children born to illegal cohabitation, the man also needs to pay child support. Therefore, the woman can claim child support in the name of the child.
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If you have a child out of wedlock and have a child in a cohabitation relationship, don't you want to get child support after the woman? Of course, you can get child support, although men and women living together without a marriage certificate are also sentenced to de facto marriage, so if you have a child 7 and don't want to live, so the man must take child support.
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It depends on who the child has lived with, or who the judge has awarded custody to, and the party who cannot get custody will have to pay child support.
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An Li said that alimony should be taken, and both parties have to pay child support, because the child was born to the two of you, and no one can have a child, so the court ordered the man to pay all the expenses, and there were other reasons why the woman did not say it.
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It doesn't matter if the two of you are married or not? But the child is yours, and if you don't want the child, you must get child support.
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Married and having children is also only. You can ask for alimony appropriately.
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Hello friends. With children, you form a de facto husband and wife relationship.
Now separate the child if it is raised by the man.
The woman should pay child support.
Otherwise, the husband pays child support.
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Maintenance is also paid for children born to unmarried cohabitants. For children born out of wedlock to cohabiting parties, the method of bearing and paying maintenance shall be negotiated by both parties; If the negotiation fails, the court shall make a judgment based on the interests of the children and the specific circumstances of both parties. According to Article 1085 of the Civil Code, if a child is directly raised by one party after divorce, 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 demand to either parent for more than the amount originally set forth in the agreement or judgment when necessary. Article 1085 of the Civil Code provides that after a divorce, if the children are directly raised by one party, the other party shall bear part or all of the maintenance expenses.
The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement fails, the People's Hengyin Court shall make a judgment. The agreement or judgment provided for in the preceding paragraph shall 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.
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Voluntary cohabitation and childbirth of a child can require the woman to pay child support. 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. Parents have a duty to upbring, educate and protect their minor children.
Husband and wife equally enjoy the right to raise, educate and protect their minor children, and jointly bear the obligation to raise, educate and protect their minor children.
Civil Code of the People's Republic of China
Article 1085.
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.
Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1).
Article 49.
The amount of alimony may be determined on the basis of the actual needs of the child, the affordability of both parents and the actual level of local living.
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 child support may be determined on the basis of the total income of the year or the average income of the same industry, and the above proportion may be determined.
Where there are special circumstances, the above proportion may be appropriately increased or decreased.
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Raising is an obligation for parents. Children born out of wedlock have the same rights as children born in wedlock, and no one may harm or discriminate against them. Thus, both men and women have an obligation to support children born during the period of cohabitation.
Legal basis: Article 25 of the Marriage Law of the People's Republic of China stipulates that children born out of wedlock enjoy the same rights as children born in wedlock, and no one may harm or discriminate against them. The biological father or mother who does not directly raise the child born out of wedlock shall bear the living expenses and education expenses of the child until the child is able to live independently.
A biological father or mother who does not directly raise a child born out of wedlock shall bear the living and educational expenses of the child born out of wedlock until the child is able to live independently. The biological father and mother have an obligation to support the child born out of wedlock. Until the child is 18 years old.
Several Opinions of the Supreme People's Court on the People's Court's Trial of Cases of Living Together in the Name of Husband and Wife without Marriage Registration Article 9: When an illegal cohabitation relationship is dissolved, the two parties shall negotiate on which party to raise the illegitimate child born to both parties; If the negotiation fails, the judgment shall be made in accordance with the interests of the children and the specific circumstances of both parties. In principle, the child should be raised by the mother during the breastfeeding period, and if the father is in good condition and the mother agrees, the father can also raise the child. Where the child is a person with limited capacity for civil conduct, the opinions of the child himself shall be sought, and the consent of the other party shall be obtained from one party when giving the minor child to another person for raising.
Look at the impulsive punishment. You can't avoid fines in this case, but the question of how much is it, you belong to unplanned births, you first have to pay a certain amount of social maintenance fees to the local family planning commission, and then the family planning commission issues the corresponding certificate, pay the social maintenance fees, that is, the unplanned birth fine, and then, with the fine and birth certificate to the police station where the household registration is located. For fines: >>>More
Let's go to the family planning office and ask first.
Then press what I know. >>>More
1. First of all, it is necessary to clarify whether to receive a marriage certificate. How old are the two parties now, how old are the children, 2, judging from your statement, it should be that there is no marriage certificate, so the two parties only have a cohabitation relationship, so this kind of relationship is not protected by law and is not subject to the adjustment of the marriage law, but the marriage law can be referred to in the specific operation. >>>More
There are no special provisions on the custody of children born out of wedlock, and in practice, it is also referred to the handling of custody of legitimate children, and the relevant provisions of the Supreme People's Court's "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts" may be referred to. >>>More
One bad thing! Many unmarried cohabitants end up not getting together, so you will be ashamed of your future partner, and it will definitely have a bad impact on the next generation. I hope that all men and women in love can keep a clear head. >>>More