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Hello: 1. About increasing child support. Article 18 of the "Several Specific Opinions of the People's Courts on Handling Child Support Issues in Divorce Cases": If a child's request for an increase in child support is due to any of the following circumstances, 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.
Despite the above provisions, you have agreed to the woman's one-time payment of 30,000 yuan at the time of the divorce agreement, and now you ask for an increase that is equivalent to changing the content of the agreement, and it is difficult for your claim to be supported by the court if the objective circumstances have not changed.
2. On visitation rights.
According to Article 38 of the Marriage Law, if the visit of the father or mother is detrimental to the physical and mental health of the child, the people's court shall suspend the right to visit in accordance with the law; When the reason for the suspension disappears, the right to visit shall be restored.
Article 15 of the Interpretation (1) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law: Where a party requests to suspend the exercise of visitation rights in the course of performing an effective judgment, ruling or mediation document, the people's court finds that it is necessary to suspend the exercise of visitation rights after consulting the opinions of both parties, it shall make a ruling in accordance with law. After the circumstances for suspending visitation disappear, the people's court shall, on the basis of the parties' application, notify them to resume the exercise of visitation rights.
Therefore, you can sue the court to suspend the woman's visitation rights.
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You can ask for child support, and if it is not good for the child's development, you can also refuse to allow the other party to visit the child.
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According to the third paragraph of Article 38 of the "Marriage Law of the People's Republic of China": If the father or mother visits the child, which is not conducive to the child's physical and mental health, the people's court shall suspend the right to visit in accordance with law; When the reason for the suspension disappears, the right to visit shall be restored.
Depending on the circumstances of your complaint, you can ask the court to suspend your ex-wife's visitation rights.
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Can the woman request an increase in child support from her ex-husband after the divorce?
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Legal Analysis: Yes, the amount of child support paid by a couple at the time of divorce can be determined in the form of an agreement or judgment. In any of the following circumstances, if the 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 amount of childcare expenses or the amount of the child support fee is not enough to maintain the actual living standard of the local area, 2) the actual needs have exceeded the original amount due to the child's illness or schooling, and 3) there are other legitimate reasons that should be increased.
Legal basis: Civil Code of the People's Republic of China Article 1 Article 1 Article 1 After marriage, 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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After the divorce of the husband and wife, it is a legal obligation to pay alimony, and the standard of alimony shall be determined according to the needs of the children, the affordability of both parties, and the actual living standard of the locality.
If the parent paying maintenance has a regular income, it is paid at the rate of 20%-30% of his or her monthly income. If there is no regular income, the amount of maintenance is determined with reference to the local consumption level. Typically, alimony is paid in the amount agreed upon by the parties at the time of the divorce.
However, if the child is sick, goes to school, or has other legitimate reasons for an increase in child support, the other party may also claim an appropriate increase in child support.
Legal basis: Article 7 of the Supreme People's Court's Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts stipulates that the amount of child support may be determined on the basis of the actual needs of the children, the affordability of both parents and the actual living standards of the locality.
If there is a fixed recipient, the maintenance fee can generally be paid at the rate of 20% to 30% of the total monthly income.
For those who bear the cost of raising two or more children, the proportion may be appropriately increased, but generally not exceed 50% of the total monthly income of Yuan Jianqing. If there is no fixed recipient, the amount of the childcare allowance may be based on the total income of the current year or the average recipient of the same industry, and if there are special circumstances, the above-mentioned proportion may be appropriately increased or decreased, and Article 8 stipulates: "The childcare allowance shall be paid on a regular basis, and may be paid in a lump sum if conditions permit."
According to the provisions of the Marriage Law, if the relationship between the husband and wife has indeed broken down, a divorce may be granted. For the issue of child support, it is necessary to carefully confirm the circumstances of both parties from the perspective of being conducive to the child's growth, but the child during the breastfeeding period is generally awarded to the woman for support, if it is not a lactation period, it is necessary to see that party is more suitable for the child's growth and solicit the child's own opinion. The parent who does not support the child should pay monthly maintenance, which is generally between 20 and 30% of the annual income. >>>More
Article 37 of China's Marriage Law stipulates: "After divorce, if one party raises a child, the other party shall bear part or all of the necessary living expenses and education expenses, 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. >>>More
The woman needs to pay alimony when she divorces, unless both parties agree to it. The law stipulates that the parent who does not directly raise the child must be responsible for the corresponding child support. The amount of alimony shall be handled by agreement between the two parties, and if the agreement fails, the court shall make a judgment. >>>More
Yes, in the name of the child.
According to Article 36 of the Marriage Law, the relationship between parents and children shall not be extinguished by the divorce of the parents. >>>More
Civil Complaint.
Plaintiff: Female, born on October 2, 1995, Han nationality, from the city, living in the unit number of the residential area of the city district. >>>More