Help: How will I get child support for my son?

If you divorce by mutual agreement, you will have to negotiate the division of property, including child support and debt commitment. If the negotiation fails, it will naturally have to go through the litigation process.

First of all, at the time of divorce, the debts incurred by the husband and wife should be paid together.

But if the other party is raising money to carry out business activities on his own without your consent (and you have always been strongly against it, haven't you), and *his income is not used for your common life*, such a debt is considered a personal debt. In other words, if you belong to the above situation, the debt of 300,000 yuan is borne by him personally and cannot be repaid with the joint property of your husband and wife. Of course, the 400,000 yuan house was bought before you registered your marriage, and it is in his name, and it belongs to his personal property, and you cannot divide it.

For your marital property, if he disposes of it without authorization and causes you losses, you can ask the court for compensation.

Secondly, the parent's duty to support the child is necessary, regardless of his choice. Therefore, child support should also be paid, which is best negotiated by you, and if the court decides, it may take into account the local consumption level, etc., and it is more appropriate to pay it regularly.

I also think that in fact, you should support your husband, have you taken the initiative to enter your husband's inner world, do you know what he thinks in his heart? As for the issue of child support, I guess you can't get it all at once, even if the court sentences it, it seems to be a year or a month to pay.

The following conditions must be met in order to request additional child support:

1. The consumption level of the child's current place of residence has increased substantially, and the original amount of child support is no longer sufficient to maintain it;

2. The actual needs of the children have exceeded the original amount due to illness, schooling, etc.;

3. Other conditions under which additional alimony may be required by law.

[Legal basis].

Article 58 of the Supreme People's Court's Interpretation (1) on the Application of the Civil Code of the People's Republic of China on Marriage and Family.

In any of the following circumstances, where a child requests an increase in child support from a parent who can afford it, the people's court shall support it:

1) The original amount of alimony is not sufficient to maintain the actual standard of living in 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 for the increase.

Article 59.

Parents may not withhold child support because of a child's change of surname. Where a dispute arises from a parent changing the child's surname to the stepmother's or stepfather's surname without authorization, the original surname shall be ordered.

Child support means that all children are entitled to the maintenance support reasonably necessary from their parents until they reach the age of majority or are married, serve in the military, or become self-reliant, and many states extend this period of time for an additional year or two while the child is still a full-time student. In the event of a separation or divorce of the parents, both parents must still maintain their children. Normally, the parent who has custody of the child fulfills his or her maintenance obligations by taking care of the child's daily life, while the other parent must fulfill his or her maintenance obligations by paying a certain amount of maintenance to the custodial parent, which is usually in the form of cash, but may also be in other forms; However, when both parents have custody of the child in the form of joint living custody, the court may also order the parent with a higher income to pay a certain amount of maintenance to the other parent with a lower income.

1. Does child support be paid to adulthood, and child support is not always paid to adulthood

1. Minors, until the children reach adulthood. If the child has reached the age of 16 and is under the age of 18, and the child is the main source of his or her own labor income, he or she can be paid until the age of 16;

2. Those who are in school will be paid until they graduate from high school.

2. How to pay child support, the payment standard for the party who does not directly support the sedan chair, and those with a fixed income should be 20-30 of the total monthly income; The burden of child support for two or more children generally does not exceed 50% 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 current year or the average income of the same industry, with reference to the above proportions. Of course, if there are special circumstances, the proportion of benefits can be adjusted appropriately.

If one of the spouses has no financial income or is missing, the child support fee can be used to offset the child's maintenance expenses. 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 living standard of the locality.

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 responsible for raising expenses, the proportion may be appropriately increased, but generally must not exceed 50 percent of the total monthly income.

2. If there is no fixed income, the amount of child support allowance can be determined according to the total income of the current year or the average income of the same industry, with reference to the above proportion. If there are special circumstances, the above proportion may be appropriately increased or decreased.

Dependents' living expenses are generally paid in a lump sum. If the dependant is a minor, the per capita living expenses of the court in the previous year shall be calculated, and the calculation time shall be calculated up to the age of 18. If the dependant is an adult who is unable to work, it will be counted as 20 years, and if the dependant is over 60 years old, it will be counted as one year less for each full year.

[Legal basis].

Article 17 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.

The living expenses of the dependants are calculated according to the degree of the dependent's inability to work, and according to the per capita consumption expenditure of urban residents in the previous year and the per capita annual consumption expenditure of rural residents in the area where the court is located. if the dependant is a minor, it is calculated to be 18 years old; If the dependant is unable to work and has no other livelihood**, 20 years shall be counted. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

Dependents refer to minors who are legally obliged to support the victim or adult close relatives who have lost the ability to work and have no other livelihoods. Where the dependents have other dependents, the compensation obligor shall only compensate the victim for the portion that should be borne in accordance with law. Where there are several dependents, the total amount of annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living expenditure of rural residents in the previous year.

Legal Analysis: Questions regarding child custody and alimony are:

1. If both parties agree to divorce, the custody rights shall be confirmed by both parties through negotiation. Where both parties sue for custody, 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 children;

2. The maintenance fee is generally negotiated by both parties, and if the negotiation fails, the people's court shall make a judgment.

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

Article 1058:Husband and wife 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 1084: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.

Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1).

Article 55: After a divorce, where one of the parents requests a change in the child support relationship, or the child requests an increase in child support, a separate lawsuit shall be filed.

Article 56: In any of the following circumstances, where one of the parents requests a change in the child support relationship, the people's court shall support it:

1) The parent living with the child 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) A child who has reached the age of 8 and is willing to live with another parent who has the ability to support him;

4) There are other legitimate reasons for the change.

According to China's Marriage Law and related laws and regulations. The husband and wife may determine the custody rights and the method and amount of alimony payment in the form of a divorce agreement, a court judgment, or a mediation document. If the two parties have reached an agreement on the amount of alimony and the method of payment in the register, and the party who has the obligation to pay repents, the other party may file a lawsuit with the People's Law Jianzi Town Court in accordance with the law, and the other party will be forced to perform through the judicial coercive force of the court.

Legal basis: Article 37 of the Marriage Law provides for child support after divorce.

After the 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.

Your foreign debt has nothing to do with the alimony that should be given!

If the child follows you and you have foreign debts, will you starve the child to death?

You can agree with your ex-wife on the payment method of alimony and defer the payment for a few years, otherwise if your ex-wife sues you and applies for enforcement, the court will directly deduct alimony from your salary.

The issue of deposit and gift money This is a civil dispute that does not belong to the category of marital disputes, and the two parties can settle it through negotiation But the custody of the child is not so simple, from your description, the woman and the man are not married, then the law does not protect their right to cohabit, but the custody of the child is a relatively special, if it is only to ask for custody Then I am sure that 100% of the woman can be obtained, but the maintenance may not be there, this is a reality, because the two parties are not married, The issue of child support does not belong to the responsibility of both parties, that is to say, the man is not necessarily the guardian of the child in law, and he can also not bear the responsibility of support, this responsibility can only be borne by the woman, but requesting judicial mediation, may be able to obtain a part of the child support, but this is more difficult. Maybe you can do a paternity test and get more money for child support. However, it is up to the judiciary to decide.

All in all, custody is very easy for the woman, but alimony is very troublesome, first take the custody off, and then confirm the ownership through legal documents, so that the man's parents may have a little scruple and make some compensation to your friends.

It seems that there is a similar case in the Northeast where the court orders the woman to return the gift money, and the man pays the woman monthly maintenance (half of each for details) until the woman is fully capable and does not need the man to raise the child alone, or the man pays maintenance until the child can be independent or has civil capacity. Although they are not the same, they are still generally similar, so please refer to them only.

The child will be awarded to the mother, and the father has the obligation to support him.