Child rearing issues after a breakup 5

A story told by the old monk Jinghai of Changzhou Dalin Temple (that is, Master Jinghai of Dalin Temple, Hengshanqiao Town, Changzhou):

A few years ago, there was a couple. The husband earned money and took care of the second wife. The woman was angry, but all means were exhausted, and her husband was determined not to look back.

Helplessly, the woman thought of the old monk Jinghai. The old monk calmly said to the woman: You help me copy the "Diamond Sutra", you help me copy ten "Diamond Sutras", and I will tell you how to do it.

Although the woman was suspicious, she had no other way, so she lived in the temple and began to copy the scriptures.

When she copied the eight "Diamond Sutras", the woman suddenly realized and calmed down, and stopped thinking about her husband and second wife. But a strange thing happened, the husband actually ran to the temple, kowtowed to the old monk, confessed his mistake to the woman, and cut off all contact with the second wife. A family is reunited.

My husband was grateful to the old monk and donated 1.5 million yuan to Dalin Temple.

Without a mother, my father is not in good health, and I had a child with someone else at the age of seventeen, it is best to read Buddhist scriptures and resolve the grievances and debts of my life, otherwise, even if I get rid of this relationship, it does not mean that the next relationship will be smooth, 20 years old, don't toss casually because you are young

According to the policy, the law will award the child to the good condition, because it is for the sake of the child's growth, since there is a condition to raise him, his own flesh and blood, then generously give the girl a little compensation, and let the man take the child. It is not easy to be a husband and wife, but the child is innocent, treat the child well.

If the man can treat the child well, let the man raise it, give the child a good growth environment, and see the child more when he has time; If the man can't treat the child well, he should work hard to raise the child.

Seek legal help But be sure to leave the child on the side who wants it, otherwise it will harm the child for the rest of his life.

Legal analysis: The issues of child custody after the breakup are as follows: 1. The right to custody refers to a personal right of parents to their children, and the custody of legitimate children and illegitimate children is distinguished.

2. One or both of the parties who have the right have the right to decide whether or not to live with the child before the child reaches the age of majority, and this right shall be extinguished when the child reaches the age of majority. 3. Child support includes children's living expenses, education expenses, medical expenses and other expenses.

Legal basis: Article 1084 of the Civil Code of the People's Republic of China The relationship between parents and children is not 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. 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.

Children born during the period of cohabitation are illegitimate children, and illegitimate children and legitimate children enjoy the same rights, and the maintenance of children after the breakup may be resolved by both parties through negotiation, and if the negotiation fails, a lawsuit may be filed with the people's court, and the people's court will make a judgment based on the rights and interests of the children and the specific circumstances of both parties.

1. How to claim alimony for unmarried children.

The way for unmarried children to claim alimony is as follows: the agreement takes precedence, and if the negotiation fails, the court files a lawsuit and the court decides. Children born out of wedlock enjoy the same rights as children born in wedlock, and must not be harmed or discriminated against by any organization or individual.

After the 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.

2. How to determine the custody of a child born out of wedlock?

The custody of an illegitimate child shall be determined to belong to his or her biological parents, and the illegitimate child may also be directly raised by one party, and the custody may be negotiated by both parties and agreed upon by agreement, in accordance with the provisions of the agreement; If the negotiation fails, they may file a lawsuit with the people's court and request a judgment from the people's court, and the people's court will make a judgment on the basis of the principle of the best interests of the minor child and the specific circumstances of both parties.

3. How to deal with the ownership of custody of children born out of wedlock.

The ownership of custody of children born out of wedlock shall be handled according to the actual situation, as follows:

1. Children who have reached the age of two may be determined by both parties through negotiation, and if the negotiation fails, a lawsuit may be filed with the people's court, and the people's court shall make a judgment based on the specific circumstances of both parties and the principle of the best interests of the minor children;

2. Children under the age of two shall be raised directly by their mothers;

3. If the child has reached the age of eight, his true wishes should be respected.

According to the relevant provisions, children born out of wedlock enjoy the same rights as children born in wedlock, and no organization or individual may endanger or discriminate against them. A biological father or mother who does not directly raise a child born out of wedlock shall bear the maintenance of the minor child or an adult child who is unable to live independently.

Civil Code of the People's Republic of China

Article 1071:Children born out of wedlock enjoy the same rights as legitimate children, and must not be harmed or discriminated against by any organization or individual.

A biological father or mother who does not directly raise a child born out of wedlock shall bear the maintenance of the minor child or an adult child who is unable to live independently.

1. Should there be child support after the breakup?

1. After the child breaks up, the other party should pay child support. Child support can be paid at the following rates:

1) For those who have a fixed income, the child support allowance can generally be paid at the rate of 20% to 30% of the total monthly income. Where two or more children are burdened with the cost of raising wild children, the proportion may be appropriately increased, but generally must not exceed 50% of the total monthly income;

2) If there is no fixed income, the amount of child support can be determined according to the total income of the year or the average income of the same industry, with reference to the above proportion;

3) If there are special circumstances, the above proportion can be appropriately increased or decreased.

2. 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 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.

2. What kind of situation does not need to pay alimony after divorce?

After the divorce, alimony is not required in the following cases:

1. Both parties negotiate and reach an agreement that if one party does not pay child support, the other party will pay more child support, so that the child's growth conditions remain unchanged. As long as the husband and wife are willing, the husband and wife can negotiate to resolve the issue of divorce without child support;

2. Under special circumstances, child support may not be paid in divorce, namely:

1) The payer is unable to pay the amount determined by the original agreement or judgment due to long-term illness or loss of working ability, and has no financial ability, and the party directly raising the child is able to afford it and has the ability to support it.

2) The payer has been imprisoned for reform or re-education through labor due to violations and crimes, and has lost the ability to hold the financial ability to defend itself and is unable to pay. However, after the restoration of personal freedom, if there is economic **, it should still be paid according to the original agreement or judgment.

3) The party who directly raises the child remarries, and the stepfather or stepmother is willing to bear part or all of the child support. In this case, the amount of maintenance borne by the party liable for payment may be relatively reduced. However, if the stepfather or stepmother is unwilling to raise them, the amount of the biological father's or mother's payment cannot be reduced.