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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; If it is a litigation divorce, the lawsuit is filed in the court where the defendant is domiciled, or the lawsuit is filed in the court where the defendant has temporarily resided for more than one year, the litigation fee for litigation divorce is generally 50 yuan if it does not involve the division of property, and if there is a division of property, the fee shall be paid according to the proportion of property, and the specific reference can be made to the "Litigation Fee Measures".
He filed a lawsuit in court demanding that he fulfill his obligation to pay alimony and medical expenses. What child's father is really a beast!!
Marriage is risky, and divorce should be done with caution!!
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Raise money for the child's medical treatment first, and after getting the hospital consultation bill, you can find the father or sue the court to ask for the burden.
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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 right and obligation to raise, educate and protect their children. Therefore, if the father has been ignoring the child and not even caring about the illness after the divorce, then he can file a lawsuit in the people's court in the name of the child to require the other party to fulfill the maintenance obligation and pay child support.
If the custody of the child belongs to the father at the time of divorce, the mother may negotiate with the other party to change the custody of the child, and if the negotiation fails, she may also collect relevant evidence that the other party's custody of the child is detrimental to the child's growth, and file a lawsuit with the people's court to change the custody rights.
[Legal basis].
Civil Code of the People's Republic of China
Article 1084: [Raising Children After Divorce] The relationship between parents and children is not 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 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.
Article 1085: [Burden of Child Support after Divorce]After divorce, where one party directly raises the children, 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 in excess of the amount originally set forth in the agreement or judgment when necessary.
Article 1086: [Right to Visit Children]After a divorce, the parent who does not directly raise the children has the right to visit the children, and the other party has the obligation to assist.
The method and time for exercising visitation rights are to be agreed upon by the parties; If the agreement is not reached, the people's court shall make a judgment.
Where a parent's visit to a child is detrimental to the child's physical and psychological health, the people's court is to suspend the visit in accordance with law; Visits shall be resumed after the reason for the suspension has disappeared.
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1. Criticize education, do a good job in their ideological work, take the initiative to fulfill their legal obligations, and ask for the support of children;
2. For those who do not listen to education, in accordance with the principle of protecting the legitimate rights and interests of children and conducive to the growth of children, it shall be decided in accordance with the law which party to raise the children, and the other party shall bear the necessary living expenses and education expenses.
3. In the case of divorce by agreement, if both parties are unable to make proper arrangements for the custody of the children, the marriage registration authority cannot handle the divorce registration formalities for them, and one of the parties may file a lawsuit with the people's court in accordance with the law, and the people's court shall make a judgment in accordance with the law.
[Legal basis].Article 1067 of the Civil Code.
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 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.
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It is the fault of adults that parents divorce, don't let children be hurt again, parents can't ignore children, parents raise children young, children will grow up to support their parents old! If parents really don't care about their children, they will go through the legal process, so as to ensure the growth of their children!
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There are two ways for the parties to divorce if the child is sick:
1. In the case of divorce by agreement, both parties shall go to the marriage registration authority for divorce registration after signing a written divorce agreement;
2. If it is a lawsuit divorce, Que Fan Li directly files a lawsuit with the people's court, and if the divorce is granted by the judgment, the judgment will take effect and the marriage relationship will be dissolved.
[Legal basis].
Article 1076 of the Civil Code of the People's Republic of China.
Where the 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 1077.
Within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce in a hurry, he or she may withdraw the application for divorce registration from the marriage registration authority.
Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.
According to Article 37 of the Labor Contract in China, an employee may terminate the labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period. If the company withholds your wages and remuneration on the grounds that it does not approve the resignation, you can apply for labor arbitration.
No matter what, there must be a reason not to care.
1. Take your child with you as much as possible.
For children, if they don't raise and don't meet, they will naturally not kiss their mothers, therefore, if they are divorced, if they have the ability to take them away, they must take away their children, and the children are not around, and there is no certainty about anything. >>>More
Legal analysis: 1. Children under the age of two live with the woman in principle. However, if the two parties reach an agreement and there is no adverse effect on the healthy growth of the children, they can also live with the man. >>>More
If both parties do not agree to raise the children at the time of divorce, then the court will not grant a divorce. Because divorce involves issues such as divorced children and child support, if this issue cannot be resolved, then the judge can only reject the divorce application.