It s been six years since I divorced, I don t pay child support, and I still want to see my children

To put it simply, alimony is a legal obligation and should be claimed; The right of visitation is a legal right and cannot be taken away.

First of all, alimony is a must, if you don't pay alimony for six years, you should ask for it, even if it's 100 yuan a month, you must have it! This is a statutory obligation. The husband may negotiate the amount, but he does not have the right to refuse to pay maintenance.

At this point, if the woman sues, the winning rate is basically 100%.

Secondly, it is illegal for the woman to prohibit the man from contacting the children.

It is the legal right of parents and the woman has no right to deprive it of the right of visitation. If the man sues, the woman has little chance of winning.

Now, the basic approach is for each side to correct their mistakes. Because both of you are making a statutory mistake, the law is clear, and under normal circumstances, the court will inevitably uphold the statutory right in accordance with the law. - If the child does not want to see him, he can meet and leave, but if you don't let him see him, this is "giving someone a handle".

If the child is disgusted, he can raise it and let the court know; Where it is not conducive to the child's physical and mental health, the people's court is to suspend the visitation in accordance with law, and you cannot obstruct the visitation.

Civil Code (in force).

Article 1085:After divorce, where 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 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: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.

In today's society, the divorce rate of husband and wife is getting bigger and bigger, and at this time the most harm is the child, when the husband and wife choose to divorce, there will inevitably be one party who will not live with the child, and according to the provisions of China's marriage law, the party who does not directly raise the child after the divorce enjoys the right of visitation according to law, at this time there is a question if one party does not give custody, then, after the divorce does not give child support, does it have the right to visit? How long is legal visitation last?

Is there any visitation right if alimony is not paid after divorce?

These are two issues, there is no relationship between them, child support is the fee paid to the child for use, and the parent who takes care of the child can give it up on his own, that is, the right of the party who lives with the child. Payment is the obligation of the other party.

The subject of visitation rights is the right of the party who does not live with the child, and the party who lives with the child has no right to deprive it, otherwise the lawsuit will generally be lost in the absence of special circumstances. That is, for the sake of the child's growth, the right to visitation must be given.

If the parent who takes custody of the child after the divorce does not need the other party to pay child support, it is a waiver of rights; However, if the other party's visitation rights are statutory, they cannot be deprived of them because of this, and the other party still has the right to visit.

The basis is as follows: the Marriage Act

Article 37: After divorce, the other party shall bear some or all of the necessary living expenses and education expenses for the children raised by one party, and the amount of the expenses and the length of the period shall be agreed upon by both parties, and if the agreement is not reached, the people's court shall make a judgment.

Article 38: After 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 the parent's visit to the child is detrimental to the child's physical and mental health, the people's court is to suspend the right to visitation; When the reason for suspension disappears, the right to visit shall be restored.

That is, only when the other party affects the normal life of the child during the visitation process, or causes damage to the child, can the other party apply to terminate the exercise of visitation rights.

If the police can be called, although the man does not pay child support, he still has the right to visit, and the exercise of visitation rights must not cause inconvenience to the life of the child and the woman, and if the child does not want to see him, he can refuse. Need.

1. Sue the husband for back child support (including follow-up until the child reaches adulthood).

2. Call the police to deal with the man's harassment (come to the police once and keep the evidence). It can also be sued together, and the man has repeatedly harassed her, which has affected the lives of the woman and the child. The man is not allowed to see the child in private, and the woman must be present or a third party (neighborhood committee) is present.

3 As for the custody of the child, the two parties could not reach a negotiation, so the man was asked to sue in court, and the court ruled that he would die. There is no special change, the custody of the child is basically maintained and the original judgment is still vested in the woman, not to mention that the man has not fulfilled his maintenance obligations and has not paid child support.

It's been six years since he was divorced, he didn't even give child support, and now he wants to pick up the child, but the child doesn't want to see him, and now it's impossible for him to get the child back, because no matter what, it's been several years, the child is so old, and he has the right to choose, and he won't choose his father, you don't have to worry about the child not wanting to see her, and he can't ask the child back.

If the other party does not pay child support, he can file a lawsuit, and if he does not pay, he can request compulsory enforcement. However, it is the right of the other party to visit the child, and if you do not give it to the other party, you can also ask for a lawsuit. However, the two sides negotiated a settlement.

The parent who does not have custody has the right to visit the child. If the other party refuses, the person concerned can sue, but this cannot be a reason for refusing to pay maintenance. According to Article 1086 of the Civil Code, after 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.

When the parties agree on the method and time for exercising visitation rights, the people's court is to make a judgment. Where the parent's visit to the child is detrimental to the child's physical and psychological health, the right to visit shall be restored after the reason for the suspension of the right to visit is dissolved by the people's court in accordance with law.

It can be seen that the right of visitation is a legal right, which is the right of the parent who does not directly raise the child to visit the child regularly after the divorce, and its purpose is to ensure that the child can enjoy the care from both parents after the divorce of the parents, and protect the child's physical and mental health. According to Chinese law, there is only one legal reason for suspending the exercise of visitation rights, that is, "the father or mother's visit to the child is not conducive to the physical and mental health of the child", which is not directly related to whether or not to pay child support and the amount of child support.

The court sued for child support, everything went through the legal process, he could pick up the child, the child would go with him if he wanted, and if he was not happy, he told the child to find a security guard at the school gate and yelled.

Call the police, what are you waiting for? And you must have had some maintenance agreements at the beginning, and you stipulated when you could visit, just follow the regulations, and let him pay the child support.

Dear, parents can't help but let me. As long as you don't take the child away. Otherwise, the case will be opened first. When the child was lost, he knew that he had taken it.

Have a good talk with him, and if there is no result, it will be resolved by law.

This is irresponsible, and he can go to court and sue him.

Divorce without alimony and whether the six years will expire depends on the situation. If the other party has a maintenance obligation and the child is under the age of 18, it will not expire, but the statute of limitations period for filing a lawsuit with the court may have expired. The parties may demand payment from the other party through negotiation or mediation.

Article 188 of the Civil Code, which came into effect on January 1, 2021, provides that the statute of limitations for filing a request to a people's court for protection of civil rights is three years. Where there are other provisions in the law, follow those provisions. The limitation period for litigation and litigation shall be calculated from the date on which the right holder knows or should have known that the right has been damaged and the obligor.

Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the right was infringed, the people's court shall not grant protection, and if there are special circumstances, the people's court may decide to extend the length of the chain bridge on the basis of the application of the right holder. Article 1084 of the Civil Code The relationship between parents and children shall not be extinguished by the divorce of the 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.

Sue the other party for child support.

It can be seen that the right of visitation is a legal right, which is the right of the parent who does not directly raise the child to visit the child regularly after the divorce, and its purpose is to ensure that the child can enjoy the care from both parents after the divorce of the parents, and protect the child's physical and mental health. According to Chinese law, there is only one legal reason for suspending the exercise of visitation rights, that is, "the father's change of royal skin or the mother's visitation of the child is not conducive to the physical and mental health of the child", which is not directly related to whether or not to pay child support and the amount of child support.

After the divorce, the other party shall bear part or all of the necessary living expenses and education expenses for the children raised by one party, and the amount of the expenses 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.

If one party does not enforce the alimony agreed in the divorce agreement, the other party cannot directly apply to the people's court for enforcement, but must file a civil lawsuit with the people's court, using the original agreement as evidence to request the court to order the other party to perform its obligations.

1. How much does divorce alimony cost?

For those with a regular income, maintenance payments can generally be paid at a rate of 20 to 30 per cent of their gross monthly income.

Calculation of child support. If the husband and wife are divorced through legal procedures and do not live with their minor or children who are unable to live alone, they shall bear the child's support. Maintenance is paid at the rate of 30 per cent of the gross income of the child when there is one child and 20 per cent of the gross income when there are multiple children.

Specifically: It is determined according to the actual needs of the child, the affordability of both parents and the actual living standard in the locality. There are two kinds of emotional nuclear differences:

1) For those with a fixed income, child support can generally be paid at a rate of 20-30% of their total monthly income.

Where two or more children are responsible for raising expenses, the proportion may be appropriately increased, but generally must not exceed 50% of the total monthly income. The calculation of total wages shall include basic wages, grade wages, post wages, seniority wages, allowances, bonuses, living allowances and other income.

2) For those who do not have a fixed income, the amount of child support may be based on the total income of the current year or the average income of the same industry in which they live. For example, the standard of maintenance paid by farmers is generally not lower than the local average. Child support for individual industrial and commercial households, specialized contractors, and private business owners shall be paid according to their business conditions and actual profits.

Where one party has no economic income or whose whereabouts are unknown, their property may be used to offset child support expenses.