Legal Consultation About Child Support! 100 points!!!

You're asking a bit of a miscellaneous, just the same. Although the parties did not go through the marriage formalities, it only means that the parties do not have a legal relationship between husband and wife, which does not affect the relationship between the children and their parents. Therefore, the request for alimony should be supported, the case itself is not complicated, but it is cumbersome, it is recommended to hire a lawyer, but it is difficult to say whether the lawyer you hire can meet the expected requirements.

First of all, the jurisdiction of this case is the court of the defendant's domicile, that is, the court of the woman's family. The cost of the lawsuit is not too much, and you can prepare a few hundred (at least you can ask a local lawyer to write you a complaint). The woman's failure to appear in court does not affect the judgment, and the difficulty lies in the enforcement.

You can consult a lawyer for specific methods. It won't take more than two months. The 5,000 yuan depends on the nature of the gift, if it is a gift, it cannot be returned, and if it is a loan, it is required to have evidence such as an IOU.

Final suggestion: If you want this case to be resolved quickly, it is best to discuss it with her family (her family is not obligated to pay child support for her), and at least find her.

Let's start with it from a legal point of view.

1. They have not reached the legal age of marriage and have not obtained a marriage certificate, so they are in a cohabitation relationship and are not protected by law. However, a child born out of wedlock has the same legal status as a legitimate child, and the parents have an obligation to support them. Therefore, the woman should pay child support.

2. The lawsuit is under the jurisdiction of the defendant's domicile, that is to say, the lawsuit must be filed at the place where the defendant is registered or where he has resided for more than one year.

3. I don't know her whereabouts, and my family doesn't say anything, so I can let the court announcement be served. But her family is not obligated to provide you with information.

4. The fine and the boy's contribution have no right to be returned. The woman's family is even less obligated to pay.

Let's talk about it from a reasonable point of view.

After reading your post, I think you are the kind of person who "protects the calf", which I despise.

The whole article is blaming the woman, and it seems that it is all the woman's fault. Your brother is under age, doesn't your family know? Since this is the case, let them give birth to their children, is there a thought of passing on the ancestry?

Giving birth has no effect on the man, and it is indeed a test of life and death for the woman. If you say that girls are not educated, that's for sure, if you are educated, how can you find a family like yours?

1.Claims for alimony should be supported.

2.It can be resolved through legal procedures by filing a lawsuit in the place where the defendant is registered or where he or she currently resides for more than one year.

3.It's best to get a lawyer.

4。If you don't pay, you can apply to the court to enforce it.

It is recommended that you straighten out these things about your object before you get the certificate. If there has been a case of domestic violence before, you can ask your partner to sue him, the key is whether there is evidence.

Regarding the issue of child support, you can deal with it before you get the certificate, the amount standard:

For those with a fixed income, the amount of child support allowance can generally be 20%-30% of their total monthly income. Where two or more children are raised, the proportion may be appropriately increased, but generally must not exceed 50% of the monthly income.

Here"Total monthly income"Refers to the total salary, including wages, bonuses, etc. An investigation may be made by applying for a court investigation order.

If there is no fixed income, the amount of child support may be determined by reference to the income of the current year or the average annual income of the same industry.

Generally, the average annual income and average annual living expenses are determined by referring to the "Reference Standards for Road Traffic Accident Compensation Items".

If you don't give it, can her ex-husband beat you, if you beat you, you will use public or private to him, her ex-husband is a man and will raise him by himself, and if you want to give it at the beginning, it will not be over.

The child is innocent, since you gave birth to him, you should fulfill the responsibility of motherhood, which is also the obligation of support under the law, and legitimate and illegitimate children have the same rights. This is both a legal and a moral requirement.

The crime of abandonment (Article 261 of the Criminal Law of the People's Republic of China) refers to the refusal to support a person who is old, young, sick or otherwise incapable of independent living, and the circumstances are heinous.

This crime is objectively manifested as the crime of abandonment of a family member who is old, young, sick or otherwise incapable of independent living.

Refusal to support when should be supported, where the circumstances are heinous. The perpetrator must have an obligation to support. This is a prerequisite for the commission of this crime.

The obligation of a citizen to which family members a citizen has to support is clearly defined by the laws of our country. The obligation to support arises on the basis of the different rights and obligations between three types of family members: support and dependency, maintenance and dependency, and support and maintenance. It is natural and unconditional from the birth of a child.

The obligation of parents to support their children is an obligation entrusted by society and prescribed by national law, which is both a social obligation and a legal obligation. Children have the right to be supported by their parents: Under certain conditions, grandchildren have the right to be supported by their grandparents, grandchildren have the right to be supported by their maternal grandparents, and younger siblings have the right to be supported by their older siblings.

For the other party, there is an obligation to support. This obligation must be directed to minor children, grandchildren, grandchildren or siblings, including children who are not capable of living independently.

It is possible to ask for the payment of alimony, which is supported by law.

You are not a legal couple without marriage registration, and you can only claim custody and alimony of your children.

According to the law, as a mother, she has the obligation to support her children, and it is legally justifiable for the father of the child to ask him for maintenance. But in the face of this kind of man, you can not reason with him, since you have decided to give up the child, you can just walk away, don't bother, if he sues the court, I believe that as a man will not do this.

Child support still has to be paid, and if you don't have a job, that's another matter.

Lawyer Mu Shouyi.

If you don't have a marriage license, you can only say that you are not legally married, or that you are not husband and wife at all, but you have to pay child support for the children. What else can I do about this? This question is asked, you tell your friend that she is disappointed in her husband, but the child is innocent and she is her own, and it is completely normal for her husband to ask for child support Can this be shirked!

There is no marriage registration, it is a common-law relationship, and your friend can leave at any time, but you must pay child support.

1. The provisions of the Marriage Law:

Article 21: Parents have an obligation to raise and educate their children; Children have an obligation to support their parents.

Children who are minors or who are unable to live independently have the right to demand maintenance from their parents when their parents fail to fulfill their maintenance obligations.

Parents who are unable to work or who have difficulties in living have the right to demand alimony from their children when they fail to fulfill their maintenance obligations.

Infant drowning, infant abandonment and other acts of infant mutilation are prohibited.

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.

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

2. Interpretation I of the Marriage Law stipulates:

Article 21: As used in Article 21 of the Marriage Law"Alimony", including children's living expenses, education expenses, medical expenses and other expenses.

7. The amount of child support may be determined according to the actual needs of the children, the affordability of both parents and the actual living standards of the locality.

For those with a regular income, child support payments can generally be paid at the rate of 20 to 30 per cent 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 percent of the 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.

18. In any of the following circumstances, if a child's request for an increase in child support is made, and the parent has the ability to pay, it shall be supported.

1) The amount of the original child support allowance is insufficient to maintain the actual living standard of the locality;

2) Due to the child's illness or schooling, the actual needs have exceeded the original amount;

3) There are other legitimate reasons that should be added.

According to the above provisions, it is wrong to "bear only living expenses", and child support includes expenses such as children's living expenses, education expenses, medical expenses, etc.

Wishing you happiness!

1. How old are your friends? If you are over 18 years old, you are considered an adult and should fend for yourself, and your parents can no longer pay child support. However, if she is still studying, her parents should continue to raise her until she is independent.

2. Has your friend's "custody" always been with his mother? From the circumstances described, it appears that he initially lived with his father, i.e., that his "custody" was initially vested in his father and then to his mother when his father died.

If so, the "custody" can only be attributed to the mother. This is because the current law stipulates that children must be raised by their parents, and abandoned children can only be adopted by civil affairs authorities or others.

So his uncle can't get "custody" of your friend. The main question now is: does your friend's mother not pay child support, whether she has "custody" or not?

If so, your friend can ask her mother to pay child support, and if she doesn't, she can sue the court in person or by her guardian (her uncle) and the court will order her mother to pay child support.

3. There are clear provisions on the legal rights and obligations of parents raising children and children supporting their parents, you can read the "Marriage Law", "General Principles of Civil Law", "Inheritance Law" and other relevant regulations and interpretations. Therefore, your idea of "what the hell can I do to get custody back, so that I don't have to have anything to do with her mother, and I don't have to bear the cost of providing for her mother in the future" - to put it bluntly, the idea of "only wanting child support without fulfilling the maintenance obligation" is naïve and futile.

Tell your friend that she thinks too much, and that studying well is the last word, and the problem she thinks about does not exist, and her mother does not have the obligation to raise him, so in fact there is no future maintenance relationship, and the court judgment is also based on the facts!!

And anyway, it was the mother who gave birth to her, no matter how wrong she was, if her income was good in the future, and the conditions permitted, and then her mother really needed help, she should also help, after all, by that time, she was already an old man, even if it was an old man who didn't know her, can you not give it to you when you come to your house to ask for a bowl of rice to eat? ? That's how it works!! No matter how badly the old man turned out to be!!

But if you can't, then you've got a problem, understand?

Tell your friends, don't think so much, do your studies first, and then set your life goals, don't delay your good future because of such small things! Study with peace of mind. That's what she should do, worry about, and do well!