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Hello friends, I am a judge, you belong to an illegal cohabitation relationship, and there is no legal protection between you, but the child born is treated as a legitimate child, and you can sue the other party to pay child support, which is protected by law. However, alimony can only be claimed from the date of the lawsuit, and cannot be claimed because you have not claimed your rights. I don't know if I'll be satisfied, good luck.
Goodbye friends.
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If you don't register, you don't care about "marriage", it's called cohabitation! Children out of wedlock are also registered, and the adopter is responsible for the child. If the other party does not promise to pay a certain amount of child support, the law will not be able to help you.
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Article 25 of the Marriage Act stipulates that "children born out of wedlock shall enjoy the same rights as children born in wedlock, and no one shall 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.
Therefore, she has the responsibility of supporting.
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You can sue for child support.
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The maintenance of children is a common obligation of both parents, and both legitimate and illegitimate children have common rights; You can sue the other party in court to ask for the maintenance costs, which can generally be calculated at 10% to 30% of the other party's monthly income, generally calculated from the date of filing the lawsuit until the child reaches the age of 18. If the other party does not pay after the court makes a judgment, it can apply to the court for compulsory enforcement.
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Legal analysis: the amount of expenses to be borne and the length of the period shall be agreed upon by the husband and wife; If the agreement is not reached, the people's court shall make a judgment. The amount of child support may be determined on the basis of the actual needs of the child, the affordability of both parents and the actual standard of living in the locality.
For those who have a regular income, child support allowance can generally be paid at the rate of 10 to 30 percent of their total monthly income. If there is no fixed income, the amount of child support may be determined on the basis of the total income of the year or the average income of the same industry, with reference to the above proportions. If there are special circumstances, the above proportion may be appropriately increased or decreased.
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.
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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When the man dies, there is no need for another divorce, and the marriage is terminated. The man's parents are not obligated to raise your daughter directly. The property belonging to the husband (including half of the personal property of the husband and half of the joint property of the husband and wife) shall be inherited by you, the man's parents and your daughter, according to the relevant provisions of the Inheritance Law
The share of inheritance inherited by heirs in the same order shall generally be equal.
Heirs who lack the ability to work who have special difficulties in life shall be taken care of when distributing the inheritance.
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Each of the above questions is puzzling... The man has passed away, and you still ask for a divorce? When the husband dies, the wife owns half of the marital property, and part of the property belonging to the husband is, of course, inherited jointly by the wife, children and parents.
At the same time, the child's mother is still there, and the grandparents are not obliged to pay child support.
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How can one party be divorced if he has died, the property belonging to the man is inherited by the man's parents, wife, and children!
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There is no need to compensate for child support because the child is over 18 years old. However, if the husband borrows money for the child's support, the borrowed money is a joint debt, and you will also have to bear the debt.
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The statute of limitations has expired and is not legally necessary. But you are a mother who can give money to your child from a mother's point of view.
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Generally, it is not used, but the property acquired separately during the period of separation is generally still the joint property of the husband and wife, and the parties can divide it jointly.
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。。。Where did you get the alimony before the divorce! Now that the children are 18, there is no such thing as child support when suing for divorce. It's just the division of your marital property.
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You need to pay alimony, because you are not at home during the period when you are away from home, you have a legal obligation to raise the children with your husband, so if the husband files for divorce, you will definitely need to compensate. The best way to do this is not to get divorced.
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Now the child is over 18 years old - how old is it, because it has to do with the statute of limitations.
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The child has reached the age of 18, and the statute of limitations for the husband to recover child support has expired, because you have not been divorced before, and it is legally regarded as co-parenting of the child.
But from a moral point of view, you really have not fulfilled your mother's responsibilities, and now you are asking for a divorce, whether it is human righteousness or morality, and you should make some compensation to your son for the purpose of study.
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Hello, you don't have to compensate. Before the divorce, the man's income belongs to your joint property, so the man uses the joint property to raise the children, and you do not need to compensate.
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Definitely Sa, the child is two-sided. Mutual support. He has the right to demand compensation from you.
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1. No compensation is required. The child is an adult.
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Hello! Legally, parents have a duty to support their children.
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If there is a child, within the age of two years, in principle, the child shall be given maintenance to the woman, and if the child is over two years old, the maintenance shall be awarded to one party according to the principle of the most favorable for the child's growth, and one party shall be responsible for paying a certain amount of maintenance. The parties can negotiate a settlement to determine custody and alimony, as well as visitation matters. According to Article 37 of the Marriage Law:
After the divorce, one party raises the children, and the other party should bear part or all of the necessary living expenses and education expenses. The specific amount of alimony may be determined by both parties through negotiation, and if the negotiation fails, it may be determined on the basis of the actual needs of the child, the affordability of both parents and the actual local standard of living, and if there is a fixed income, the alimony can generally be paid in proportion to 20 to 30 of the total monthly income. In judicial practice, it is generally paid monthly, of course, if conditions permit, a lump sum payment can also be claimed.
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Hello, generally not needed.
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I want a divorce, I just want the kids back.
I don't know how sure I can get the kids back.
If you want a divorce! The child during the lactation period lives with the mother as the principle, but after the lactation period, the man requests to change the custody rights, then the court will make a judgment according to the actual situation!! Now the odds of the child judging you are very high.
With your current job and financial situation combined with the age of your children, you still have a relatively good chance of fighting for custody. (These are all factors of the court's decision).
You can sue the court for divorce and claim division of marital property.
According to the laws and regulations of the People's Republic of China, when the people's courts hear divorce cases, they generally follow the "Marriage Law of the People's Republic of China" and other relevant laws and regulations, proceed from the perspective of benefiting the physical and mental health of the children, protect the legitimate rights and interests of the children, and properly resolve the issue of child support in light of the specific circumstances such as the ability and conditions of both parents to raise them. In practice, in accordance with the provisions of the Supreme People's Court's "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts":
Children under the age of two generally live with their mothers. If the mother has any of the following circumstances, she may live with the father:
Suffering from an infectious disease or other serious illness that has not been cured for a long time, and the child is not suitable to live with him;
There are conditions for raising the child and the obligation to support the child is not fulfilled, and the father requires the child to live with him;
For other reasons, the child is unable to live with the mother.
Where both parents agree that a child under two weeks old will live with the father and there is no adverse impact on the healthy growth of the child, it may be permitted.
According to your statement, according to the relevant regulations, since your children are under the age of two under the above regulations, it is generally advisable to live with their mothers.
Personally, I think the first question you need to face at present is whether you can get divorced. Because the issue of child support is completely based on the premise of divorce, if the marriage is not divorced, there is no such problem. Of course, if there is no divorce, as the mother of the child, you have the right to visit and raise the child.
As for the issue of child support in the event of divorce, it must be reminded that this is a relatively flexible issue, and although there are relevant provisions, it is generally judged by the people's court according to the actual situation and in combination with the provisions of the law, and the result is not the only certainty.
The above opinions are for reference.
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You should be filing for divorce for the second time, right?! That is, six months after the first divorce lawsuit was granted a divorce by the court.
If the above analysis is true, then in this divorce lawsuit, even if the husband still finds various reasons to insist on not wanting to divorce, the people's court will make a judgment granting the divorce in accordance with the law.
Since the people's court hears a divorce case, the issue of child support is made in accordance with Articles 29 and 30 of the "Marriage Law of the People's Republic of China" and relevant legal provisions, starting from the perspective of benefiting the physical and mental health of the children, protecting the legitimate rights and interests of the children, and taking into account the specific circumstances of the parents' ability to raise and the conditions for raising them. According to the relevant provisions of the Supreme People's Court's Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts, the probability of a child being raised by you is very high.
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For your question, the woman is generally the guardian of children under the age of two, and you should also consider which party is more conducive to the child's life and growth, and whether there is a legal fault or bad habits of the parent, and the child's usual living habits.
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If both parents are equal, the child will be given to the mother.
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You can see if the other party has any factors that are not conducive to the child's growth, such as alcoholism, gambling, drug abuse, and crime.
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The chances of winning the case are greater.
Zongheng Legal Network-Jilin Liaodong Law Firm-Lawyer Gan Yuchen.
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