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After the divorce, the child's mother does not give child support, which can be sued, but after all, the husband and wife are the same, and they are also the child's biological mother, so they can negotiate if they can, and mediate if they can, so don't embarrass the child in the middle in the future.
What I especially can't understand is that it's my own child, why can't I pay child support? Is it just because the husband has won custody, and then the child has nothing to do with him?
Maybe your child's mother has encountered some difficulties in life, so that she can't afford child support at all, if you feel that she is really difficult to live after your understanding, I hope you can understand and understand, after all, as a mother, the child is not by her side, it is equivalent to your own life.
So couples can understand it, but if your ex-wife really refuses to pay child support because of financial problems, it's really too much.
Because many of the things I've heard and seen are fathers who don't want to raise their children, but few mothers ignore their children, it's simply against heaven!
But don't tear your face until you have negotiated, try to ask her why she doesn't want to take care of the child, if her reasons make you think she doesn't want to have anything to do with the child at all.
If you are financially able to raise your children, then I think you should work hard and raise your children yourself!
In fact, as a mother, losing a child is a very painful thing, if the child is not by her side, and she has to pay for living expenses, in fact, she will not feel sorry for that little money at all. For a woman, what she needs is for her children to stay by her side, but the children are not by her side, even if she takes money to raise them, but there is no motivation to raise them!
So you try to communicate with her first, if her financial ability is quite good, but she is not willing to pay at all, or even has a bad attitude that you can't stand it, then go through the legal route.
In fact, living expenses are secondary, and the main task is to ensure that children grow up healthy and happy in a single-parent family. Minimize the harm caused to the children by the divorce.
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Since the man has won custody, he can afford to support the child, but the man can live until he asks the woman for child support, so he should return the child to the woman.
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Look at the property agreement at the time of divorce. If no property has been divided, and the joint property is given to the children, and the property is entrusted by the supporting party, maintenance may not be paid.
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It depends on how the property is divided at the time of divorce, if the person keeps all the marital property for the children to leave the house, the man is embarrassed to ask for it.
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It is a man's responsibility to raise children, and it is her duty to give it as a favor, and it is her duty not to give it.
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After the divorce, the woman does not pay child support, so how to solve it. The matter is resolved through law, or through negotiation.
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Why don't you know the marriage law Divorce must be awarded to the woman under the age of 2 and children between the ages of 2 and 10 must be awarded to the man.
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After the divorce, if the child is not paid, he or she shall file a lawsuit with the people's court, and it is the legal obligation of the parents to raise the child, and the party who does not directly raise the child shall pay the child support, and the child has the right to demand that the parents pay child support. If the court still does not pay child support after the judgment, you can apply to the people's court for enforcement.
[Legal basis].
Article 1067 of the Civil Code of the People's Republic of China.
If the parents do not fulfill the obligation to support them, the minor children or adult children who cannot live independently have the right to demand that the 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.
Article 17 of the Provisions of the Supreme People's Court on Several Issues Concerning the Enforcement Work of the People's Courts (Provisional).
The enforcement of effective legal documents shall generally be applied for by the parties in accordance with law.
Legal documents and civil sanction decisions that have the content of alimony, alimony, or child support payments, as well as judgments, rulings, and mediation documents attached to criminal cases, are to be transferred by the trial division to the enforcement agency for enforcement.
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In the case of divorce by litigation, the people's court may be requested to take compulsory measures, and in the case of divorce by agreement, a lawsuit may be filed with the basic people's court at the place where the defendant is domiciled, requiring the other party to pay alimony in accordance with the proportion, and if the other party does not pay after the court has made a judgment, it may apply for compulsory enforcement.
[Legal basis].
Article 21 of the Supreme People's Court's Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts.
For parties or other persons who refuse to perform or obstruct others from performing their obligations related to child support in effective judgments, rulings, or mediation, the People's Court may take compulsory measures in accordance with the provisions of Article 111 of the Civil Procedure Law of the People's Republic of China.
Article 111 of the Civil Procedure Law.
Where litigation participants or other persons exhibit any of the following conduct, the people's courts may impose fines or detention on the basis of the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law
6) Refusal to perform on a judgment or ruling of a people's court that has already taken legal effect. People's courts may fine or detain units that exhibit any of the conduct provided for in the preceding paragraph; where a crime is constituted, criminal responsibility is pursued in accordance with law.
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Legal analysis: After the divorce, when the party who does not raise the children does not pay child support, the other party can claim child support in the following ways:
1) Settlement through negotiation. The payment of child support is best settled by negotiation between the spouses. The content of the negotiation mainly includes how much alimony needs to be paid by the other party, when and in what way.
2) Prosecution settlement. If the spouses cannot resolve the matter through negotiation, then they can file a lawsuit with the court. The court will determine the amount of alimony that is most beneficial to the child's growth based on the financial situation of both parties, the local standard of living and other factors, and make a judgment on the time and method of payment of alimony.
3) Application for compulsory enforcement. When one spouse does not comply with the court's judgment on the payment of child support after divorce, the other spouse can apply to the court to enforce it.
Legal basis: Article 1085 of the Civil Code of the People's Republic of China After 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 on Hengpei.
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.
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If the woman does not pay child support after the divorce, the woman's property can be used to offset the child's maintenance expenses, and the man can also file a lawsuit with the people's court to demand that the woman pay child support. If the woman still refuses to pay the judgment or ruling of the people's court on child support, the other party may apply to the court for compulsory enforcement, and other relevant units or individuals shall assist in enforcement. Article 1084 of the Civil Code, which came into force on January 1, 2021, stipulates that 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 divorce, parents still have the rights and obligations 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 1084 of the Civil Code provides that the relationship between parents and children shall not be extinguished by the divorce of the parents.
After the divorce, the children are still the children of both parents, regardless of whether they are directly raised by the father or mother. After the 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.
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The way to deal with the woman's non-payment of alimony after the divorce is that she can negotiate with her first, and if the negotiation fails, she will file a lawsuit with the court. If the parents do not fulfill the obligation to support them, the minor children or adult children who are unable to live independently have the right to demand that the parents pay child support.
[Legal basis].Article 26 of the Civil Code.
Parents have the obligation to raise, educate and protect their minor children only on rent.
Adult children have an obligation to their parents to support, support and protect them.
Article 1067.
If the parents do not fulfill the obligation to support them, the minor children or adult children who are unable to live independently have the right to demand that the parents pay child support.
Parents who do not fulfill their obligation to support their adult children, who lack the motivation to pay alimony, or who have difficulties in life, have the right to demand alimony from their adult children.
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It is possible to sue the woman for alimony. After the divorce, if the woman does not directly raise the children, she should pay the alimony in accordance with the agreement between the parties or the judgment of the court, and if she refuses to pay, the children can sue the court to request that the party who does not directly raise the child support pay alimony. In this type of lawsuit, the party who directly supports the child is usually the legal person of the plaintiff, and the plaintiff carries out the litigation acts.
In addition, there is no statute of limitations for alimony disputes.
[Legal basis].
Civil Code of the People's Republic of China Article 1085 After divorce, where the Zisou brothers and daughters 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. The agreement or judgment provided for in the preceding paragraph shall not prevent the child from making a reasonable demand to either parent in excess of the amount originally set in the agreement or judgment when necessary.
Civil Complaint.
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