When the two sons divorced, they sentenced each of them to one, and he didn t care, what to do

Updated on society 2024-05-03
4 answers
  1. Anonymous users2024-02-08

    You can file a lawsuit with the court to request a change in the custody relationship and the other party will pay child support.

    According to the Marriage Law of the People's Republic of China:

    Article 37: After a 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.

    An agreement or judgement concerning the maintenance and education of the child shall not prevent the child from making a reasonable demand to either parent, if necessary, in excess of the amount originally agreed upon in the agreement or judgment.

    According to the relevant 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":

    When hearing divorce cases, people's courts shall follow articles 29 and 30 of the "Marriage Law of the People's Republic of China" and relevant legal provisions to properly resolve the issue of child support, proceeding from the interests of the children's physical and mental health, protecting the children's lawful rights and interests, and taking into account the specific circumstances of both parents, such as their ability to raise and their conditions for support. On the basis of the above principles, combined with trial practice, the following specific opinions are put forward:

    15. After the divorce, if one party requests to change the child support relationship, or the child requests an increase in child support, a separate lawsuit shall be filed.

    16. In any of the following circumstances, one party's request to change the child support relationship shall be supported.

    1) Living with the child, one of the parties is unable to continue to raise the child due to serious illness or disability;

    2) The party living with the child does not fulfill the obligation to support the child or abuses the child, or the party living with the child has a negative impact on the child's physical and mental health;

    3) Minor children over the age of 10 who are willing to live with another party and who has the ability to support them;

    4) There are other legitimate reasons to change.

  2. Anonymous users2024-02-07

    Sue him for alimony and raise him by himself.

  3. Anonymous users2024-02-06

    I am a retired enterprise employee, the salary is too low, and it is difficult to find a job when I am old, I plan to go back to my hometown for the time being, but my son and daughter-in-law are not allowed to enter the door, because I have no money for them, and they scold us every day, and beat us, what should I do?

  4. Anonymous users2024-02-05

    Legal analysis: 1. Children under the age of two generally live with their mothers, and if the mother has one of the following circumstances, she can live with her father:

    1) Suffering from infectious diseases or other serious diseases that have not been cured for a long time, and it is not appropriate for children to live with them;

    2) There are conditions for raising children who do not fulfill their obligation to support them, and the father requires the child to live with him;

    3) The child is unable to live with the mother due to other reasons.

    2. Where both parents agree that a child under the age of two lives with the father and there is no adverse impact on the healthy growth of the child, it may be permitted.

    3. For children over the age of two years, both the father and the mother request to live with them, and one of the following circumstances may be given priority:

    1) Have undergone sterilization or have lost their fertility due to other reasons;

    2) The child has lived with the child for a long time, and the change of living environment is obviously detrimental to the healthy growth of the child;

    3) There are no other children, and the other party has other children;

    4) The child lives with him, which is beneficial to the growth of the child, and the other party suffers from an infectious disease or other serious disease that cannot be cured for a long time, or has other circumstances that are not conducive to the physical and mental health of the child, and it is not suitable to live with the child.

    Legal basis: Civil Code of the People's Republic of China

    Article 1058:Husbands and wives have equal rights and obligations to raise, educate, and protect their children, and both husband and wife equally enjoy the right to raise, educate, and protect their minor children, and jointly bear the obligation to raise, educate, and protect their minor children.

    Article 1076:Where divorce by mutual agreement is voluntary, the husband and wife 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 1084:The relationship between parents and children after divorce, or between parents and children, is not eliminated 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.

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