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According to the regulations, if the husband and wife divorce, the child can be supported by the child with his ID card, household registration booklet, the honor certificate of the parents of the only child, the unemployment certificate and the divorce certificate, and go to the community where the household registration is located to apply for a double copy of the only child fee, and the unsupported party will no longer receive it. There are two types of divorce certificates, namely a court decree or a divorce agreement. The former can effectively prove the ownership of the child's custody.
Article 27 of the Population and Family Planning Law of the People's Republic of China.
During the period when the state encourages a couple to have one child, couples who voluntarily give birth to only one child for life will be issued a "Certificate of Honor for Parents of One Child". Couples who have obtained the "Certificate of Honor for Parents of One Child" shall enjoy the reward of parents of one child in accordance with the relevant provisions of the state and provinces, autonomous regions and municipalities directly under the Central Government. Where laws, regulations, or rules provide that the measures for giving rewards to couples who have received the "Certificate of Honor for Parents of One Child" are implemented by the unit to which they belong, the relevant units shall implement them.
Couples who have obtained the "Certificate of Honor for Parents of One Child" shall receive assistance in accordance with regulations if their only child is accidentally disabled or dies. During the period when the state advocates that a couple have one child, those who should enjoy incentives and assistance for the elderly from family planning families in accordance with regulations shall continue to enjoy the relevant incentives and assistance.
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The one-child allowance is a living subsidy given by the state to those who respond to the national family planning policy. Whoever the child belongs to should be the one who collects it. Couples who have received the "Honor Certificate for Parents of One Child" will be paid the only child security fee every year from the month of receipt of the certificate to the age of 14 of the child, and the recipient of the unilateral certificate will be issued to the only child (born after July 1, 1990) in 2006
The unit responsible for the payment of health care expenses for the only child.
If both husband and wife have units, half of them shall be paid by each unit; If one party has a work unit and the other party does not have a work unit, the work unit of the other party with a work unit shall issue the full amount. Units that employ temporary workers for more than one month will be paid half of them on a monthly basis. Laid-off workers who have not been re-employed shall be paid by their original units.
For employees who have terminated their personnel relations, the one-child health care allowance shall be paid from the original employer until the child reaches the age of 14. For employees whose labor contracts have not expired, and the employer terminates the relationship ahead of schedule, the health care allowance for the only child shall be paid until the end of the contract period. If both husband and wife are rural residents or urban residents are not employed, they shall be issued by the people of the township (town) where their household registration is located** or the sub-district office.
The health care fee for the only child who is the subject of unilateral issuance of the certificate shall be issued by the holder of the unit, and the person without a unit shall be issued by the person of household registration: (town) people** or the sub-district office.
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According to the regulations, if the husband and wife divorce, the child can go to the community where the household registration is located to apply for double one-child allowance with the ID card, household registration booklet, "honor certificate of parents of the only child", unemployment certificate and divorce certificate, but the non-dependent party can no longer receive it.
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After the divorce, you or your ex-husband (ex-wife) should receive the only child allowance with the only child certificate (there is only one certificate). If the certificate is by your side, the unit (state agency) when you receive it. Institutions.
Big. Medium-sized enterprises) will fill in the time of collection on the card. Amount.
Issuance of personnel signatures, etc. Received until the child is 16 years old (originally 18 years old. It is now 16 years old).
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Of course, this is possible, although you are divorced, as long as you do not have a second child, then the only child fee is still there.
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According to the regulations, if the husband and wife divorce, the child can be supported by the child with the ID card, household registration booklet, the honor certificate of the parents of the only child, the unemployment certificate and the divorce certificate, to the community where the household registration is located to apply for double payment for the only child, and the non-dependent party will not receive it.
1. Can I still have a second child after receiving the only child certificate?
Couples who have given birth to a second child can go to the place where one of them has a household registration or their current place of residence to register. According to the personnel of the National Health and Family Planning Commission
1. After the implementation of the "comprehensive two-child" policy, couples who voluntarily give birth to one child will no longer be issued the "Honor Certificate for Parents of One Child", and will no longer enjoy the incentive fee for parents of one child and other relevant reward and preferential policies.
2. Those who have previously received the "Honor Certificate for Parents of One Child" shall continue to enjoy various family planning incentives and preferential policies in accordance with the prescribed conditions, standards and years.
3. Those who have already received the "Honor Certificate for Parents of One Child" and request to have another child will no longer enjoy the preferential treatment of parents of one child, and those previously enjoyed will not be refunded.
2. Is the one-child fee mandatory for the enterprise?
According to the relevant laws and regulations, couples who voluntarily have only one child for life will be issued a certificate of honor to the parents of the only child. Couples who have obtained the "Certificate of Honor for Parents of One Child" shall enjoy the reward of parents of one child in accordance with the relevant provisions of the state and provinces, autonomous regions and municipalities directly under the Central Government. The people's congresses of provinces, autonomous regions, municipalities directly under the Central Government and larger cities and their standing committees or people's governments may formulate specific implementation measures in accordance with the provisions of this Law and relevant laws and administrative regulations, combined with actual local conditions.
3. The only child certificate is opened.
The certificate of the only child is applied for at the township (town) people** or sub-district office where one of the husband and wife has a permanent residence, and then reported to the district or county family planning commission for approval and issued to eligible couples. According to China's laws and corresponding policies, those who meet one of the following conditions can apply for a "one-child certificate":(1) the husband and wife no longer have children after giving birth to a child, and the child is under the age of 16; (2) The husband and wife adopt a child in accordance with the relevant provisions and no longer have children, and the child is under the age of 16; (3) The husband and wife have two children who were born to be planned, one of whom dies unexpectedly and the other is under the age of 16; (4) The husband and wife have only one child under the age of 16 after being widowed; (5) The husband and wife have given birth to a child before the divorce, and the child is awarded to the person to be raised at the time of divorce, and the child is under the age of 16; (6) One of the remarried couples has given birth to a child, but the other party has not given birth to a child, and the current family has only one child under the age of 16; (7) The remarried couple each had one child before remarriage, one of whom was raised by the other party, and the current family has only one child under the age of 16; (8) Couples who have been approved to have a second child give up childbearing, and the current family child is under the age of 16.
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After a divorced couple reunites a family, if both parties have children, they are not entitled to the "one-child fee". Residents who do not have a unit can fill out the application in the community where their household registration is located with their ID card, household registration booklet, marriage certificate, unemployment certificate and "Honor Certificate for Parents of One Child", and receive the one-child fee after approval.
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 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 the divorce, the parents still have the right and obligation to raise, educate and protect the child.
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.
It is issued on an annual basis.
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