The relationship between divorce and maintenance, the relationship between divorce custody and alimo

Regardless of who raises the child or whether to pay child support or not, it is an unchangeable fact that the child will always be both parents, and it is reasonable to let the ex-wife take the child. As for your parents, do more work and talk. If you don't understand, you can continue to ask questions or for more details, please log in to the Weihai lawyer portal**:

Communicate well, since you are divorced by agreement, it means that you are still harmoniously separated, as for your parents, they may still be entangled in that grievance, dredge more, after all, the child is innocent, within the feasible range, it is good to be closer to the mother.

Legal analysis: According to the law, after the divorce of the parties, the party who has not obtained custody must pay the child support expenses in accordance with the law. According to the opinion of the Supreme People's Court, for those who have a fixed income, child support fees can generally be paid at the rate of 20% to 30% of their total monthly income.

Where two or more children are burdened with child support 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.

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

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.

Article 1085:After divorce, where one party directly raises the children, 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.

Divorce generally results in the loss of custody of one of the spouses. The parent who loses custody will lose the right to live with the child. However, the parent who loses custody will still have visitation rights and can visit the child regularly during the agreed or adjudicated time and spend relatively briefly with the child.

The ownership of custody in the event of divorce can be negotiated by both parties, and once the negotiation fails, the court shall make a judgment. The court's decision on the ownership of custody is generally based on the principle of being conducive to the growth of the child: the following factors are mainly considered:

Education, employment, income, age, family environment, age of both spouses, age of children, etc.

1. Is guardianship equivalent to custody in China?

Custody is not the same as guardianship. Although the right of custody is in principle the right of guardianship, the right of guardianship does not mean that there is the right of custody. Guardianship is a broader right than custody and includes custody of minor children, as well as some personal rights (such as name change, etc.) and the right to dispose of the ward's property.

Divorce generally results in the loss of custody of one of the spouses. The parent who loses custody will lose the right to live with the child. However, the parent who loses custody will still have visitation rights and can visit the children regularly for the time specified in the agreement or judgment, and spend relatively short periods with the children.

For example, after the parents divorce, if the custody of the child belongs to the woman, then the child will live with the woman, and the daily care of the child or other general affairs will also be taken care of by the woman, but the man will still have the obligation to support the child and have visitation rights. And vice versa.

However, please note that custody of a child is not set in stone, but can be changed. According to the law, (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) 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. Which party has custody of the adopted child.

The custody of the adopted child can be negotiated between the parents first, and if the negotiation fails, the court shall make a decision.

The court's decision on the ownership of custody is generally based on the principle of being conducive to the growth of the children: the following factors are mainly considered: the husband and wife's education, work, income, age, family environment, age of the children, etc.

It can be resolved through litigation, and the law will make a judgment based on the perspective of being conducive to the healthy growth of the child, not the divorced party.

Sue and the child is adjudicated by the court.

1. Two children, generally one man and one woman. If one party is detrimental to the child's growth and education, the other party can raise him.

2. The criterion for the court to decide a divorce is whether the relationship has indeed broken down.

OK. ......1.Under normal circumstances, two people want to bid, two people don't want to auction, one party wants one party and one party doesn't, one party gets real estate and one party has to discount.

What you're trying to say is that one party doesn't allow the other to live, right, it's better to negotiate this kind of thing first.

2.In general, it is difficult not to give it to the other party, because it belongs to your disposal of your pre-marital property, and the ownership of the real estate is based on the registration on the real estate deed, and the processing has been completed. It is impossible to give it to the other party at all.

However, the corresponding evidence can be produced to prove that it is personal property before marriage, and considering the ** of the property, the court can generally make a judgment to divide more than one party.

Custody still has to be awarded to whom, as for how to take care of it, you can operate according to what you said, as long as it is good for the child, the court can understand and support it.

It should be possible, so that it will cause the least harm to the child! It is supported by both emotion and reason.

Yes, but the divorce agreement must be clearly written, and then it must be clearly written what will happen if the agreement is violated