Regarding the property of an illegitimate child, how to divide the property of an illegitimate child

Updated on society 2024-04-26
4 answers
  1. Anonymous users2024-02-08

    1. Is that child your uncle's child? If so, child support will definitely have to be paid. But child support can be negotiated with the child's mother, because a child will certainly not need that much for that much.

    If the negotiation fails, then the court can be requested to reduce the cost appropriately. The specific reasons are as follows: the Marriage Act

    Article 21 Parents have the obligation to raise and educate their children.

    If the parents fail to fulfill the obligation to support them, the child who is a minor or who is unable to live independently has the right to demand maintenance from the parents.

    Article 23 Parents have the right and duty to protect and educate their minor children. Parents are obliged to bear civil liability when their minor children cause damage to the state, the collective, or others.

    Article 25 Children born out of wedlock enjoy the same rights as children born in wedlock, and no one may harm or discriminate against them.

    A biological father or mother who does not directly raise a child born out of wedlock shall bear the child's living and education expenses until the child is able to live independently.

    2. If it is not your uncle's child, then it is necessary to consider whether there is a de facto father-son or father-daughter relationship, and if so, it is still necessary to pay the corresponding child support.

    3. To sum up, if you want to file a lawsuit, the court will order your uncle to pay the corresponding child support, but it will definitely not be as much as 4000 (you have to ask for it yourself), as for buying a house, it is impossible to add another 20%. What is the basis for her request to buy a house and the 20% increase? If she says that she bought it for the child to live in, then you can simply snatch the custody of the child and forget it.

    The chances of winning are high.

    If you don't have property, then it is more difficult to fight for custody, because relatively speaking, you can't give your children a better environment for development.

  2. Anonymous users2024-02-07

    Children born out of wedlock have the same rights as children born in wedlock.

  3. Anonymous users2024-02-06

    Obligation to raise children, at least 18 years old!

  4. Anonymous users2024-02-05

    Legal analysis: The way to divide the family property of an illegitimate child is as follows: (1) Testamentary succession:

    Testamentary succession means that the testator clearly states in the will who will inherit the property after his death; (2) Statutory inheritance: Statutory inheritance refers to the inheritance of the property of the deceased in accordance with the provisions of the law when the deceased person has not made a will.

    Legal basis: Article 1127 of the Civil Code of the People's Republic of China The inheritance of the estate shall be in the following order: (1) The first order:

    spouse, children, parents; (2) Second order: siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit.

    For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren. For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship. The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

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