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If the negotiation fails, go to court to sue for the other party to pay child support.
Refer to the Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts 7The 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 standard of living in 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 children are responsible for raising two or more children, the proportion may be appropriately increased, but generally must 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 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.
8.Child support payments should be made on a regular basis, and may be paid in a lump sum if conditions permit.
9.Where one party has no economic income or whose whereabouts are unknown, their property may be used to offset child support expenses.
10.Both parents may agree that the child will live with one of the parents, and the parent will bear all the child's maintenance expenses. However, if it is verified that the raising party's ability to support the child is obviously unable to guarantee the child's necessary expenses, and affects the child's healthy growth, it is not permitted.
11.The period of payment of child support allowance is generally until the child reaches the age of 18.
16.Parents who are over the age of 18 and whose main livelihood is their labor income** and who are able to maintain the general living standard of the local area may stop paying child support.
12.In any of the following circumstances, an adult child who has not yet lived independently, and the parents have the ability to pay, shall still bear the necessary child support expenses:
1) Unable to work or not completely incapacitated, but their income is not enough to support their livelihood;
2) Those who are still in school;
3) There is no ability and conditions for independent living.
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This kind of man who plays tricks is irresponsible, I think you can give the child to him.
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Don't tell me this kid and your last name. If this is the case, it is also natural for the man to be reluctant to pay child support.
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It is possible to sue the law, and parents have a duty of support to their minor children.
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Go directly to the court to sue, and the court will judge who the child should give and the child support will definitely be given.
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Hello. If there is a divorce agreement or judgment, you can apply to the court to enforce it.
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You can ask the court to enforce it, but the father of the child refuses to raise his next generation, let it get out of the way as soon as possible!
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If you have the ability to raise yourself, why fight for so much child support.
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Sue him, you can sue him, the court will take care of it.
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It's enough to prosecute, he has to pay.
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Wishing you a happy and prosperous New Year.
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Use legal means to resolve the issue.
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Legal Analysis: If the husband does not pay child support after divorce, the woman can file a lawsuit with the court to demand that the man pay child support. Parents have an obligation to raise and educate their children.
If the parents fail to fulfill the obligation to support them, the child who is a minor or who is unable to live independently has the right to demand maintenance from the parents. The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent.
After divorce, parents still have the right and obligation to raise and educate their children. 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.
Legal basis: Article 1084 of the Civil Code The relationship between parents and children shall not be extinguished 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.
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 of the Civil Code: Where after divorce, 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 term of the lease 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 request to the parent when necessary to exceed the amount originally set forth in the agreement or judgment.
Article 1086 of the Civil Code: After divorce, the parent who does not directly raise the children has the right to visit the children, and the other party has the obligation to assist. The method and time for exercising visitation rights are to be agreed upon by the parties; If the agreement is not reached, the people's court shall make a judgment. Where a parent's visit to a child is detrimental to the child's physical and psychological health, the people's court is to suspend the visit in accordance with law; Visits shall be resumed after the reason for the suspension has disappeared.
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Legal analysis: After the divorce, the husband does not pay child support to the court of first instance, and the court of first instance will educate and warn the party who does not enforce the judgment, and urge him to fulfill his obligation to raise the child. The parties may apply to the court of first instance for compulsory enforcement.
Legal basis: Civil Code of the People's Republic of China
Article 1067:[Parents' Obligation to Support and Obligation to Support Children]Where parents do not perform their obligation to support them, minor children or adult children who are unable to live independently have the right to demand that their parents pay child support.
Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.
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Summary. Kiss If the divorced man does not pay child support, he can negotiate first, and if the negotiation fails, he can file a lawsuit with the people's court. Where parents have an obligation to raise and educate their children and have a fixed income, the child support allowance may generally be paid at the rate of 20 to 30 percent 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. After the divorce, 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 expenses to be borne 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.
If the other party refuses to pay child support, he may apply to the court for compulsory enforcement. An agreement or judgment on the child's maintenance and education expenses shall not prevent the child from making a reasonable demand to either parent in excess of the amount originally agreed upon in the agreement or judgment, if necessary
What should I do if the man does not pay child support after the divorce.
Kiss If the divorced man does not pay child support, he can negotiate first, and if the negotiation fails, he can file a lawsuit with the people's court. Where parents have an obligation to raise and educate their children and have a fixed income, the child support allowance may generally be paid at the rate of 20 to 30 percent 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.
After the divorce, 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 expenses to be borne 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. If the other party refuses to pay child support, he may apply to the court for compulsory enforcement.
An agreement or judgment on the child's maintenance and education expenses shall not prevent the child from making a reasonable demand to either parent in excess of the amount originally agreed upon in the agreement or judgment, if necessary
Relatives divorce by agreement at the Civil Affairs Bureau, then you must first go to the court to sue the other party for not paying alimony, and require the other party to pay the alimony in accordance with the divorce agreement. If the other party does not pay alimony, he can directly apply to the court for enforcement, and there is no need to sue for additional litigation, and the court will freeze the deposit and real estate in the name of the other party and directly deduct the relevant alimony. After the court's inquiry, the other party does not have any property in his name, and the other party can be pulled into the credit blacklist, and if the other party is involved in deliberately transferring property to evade court enforcement, it may be suspected of the crime of refusing to perform the judgment document
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Summary. Pro, if you do not pay child support, you can apply to the court to enforce it.
What should I do if the man does not pay child support after the divorce.
Pro, if you do not pay child support, you can apply to the court to enforce it.
According to the provisions of the Marriage and Family Section of the Civil Code of the People's Republic of China. If one party does not live with the child, he or she shall pay maintenance to the parent raising the child, and the amount of the party fee shall be 20% of the monthly basic salary of the child30%, and in the case of two children, the maximum shall not exceed 50%. If the other party refuses to pay, it can file a lawsuit with the people's court, and the court will apply to the court to enforce the other party's property after the court makes a judgment.
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Summary. Kiss hello <>
In this case, you can sue the other party and let the other party pay <>child support
What should I do if the man does not pay child support after the divorce.
Kiss hello <>
In this case, you can sue the other party and let the other party pay <>child support
Kiss the trail of the trail hello <>
If the divorced husband does not pay child support, the woman may file a lawsuit in the name of the child to demand that the man pay child support. If the parties are divorced by litigation and the court has already made a judgment on how to pay alimony, if the husband does not pay alimony, the woman can directly apply to the court for enforcement. Article 1085 of the Civil Code provides that after the divorce, if the sub-state daughter is directly raised by the -party, the other party shall bear part or all of the maintenance.
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 shall not prevent the child from making a reasonable demand to any of the parents in excess of the amount originally set in the agreement or judgment when necessary. <>
Because I have also remarried, does he still need to continue to pay child support?
Kiss hello <>
This is needed, oh kiss <>
Kiss bend your eyes hello<>
Child support is the cost of living, education, and other expenses borne by parents or other persons who have an obligation to support minors. In China, the legal maintenance refers to the fees paid to minors when these people are unable to fully perform or do not fulfill their maintenance obligations. Article 37 of the "Marriage Law of the People's Republic of China" provides that 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.
Because the two sides couldn't talk together before, they said some things.
Kiss hello <>
In this case, the other party also needs to give <>
If the man does not look at the child all the time. Is there no need to pay child support.
Because I said before that if the man can not look at the child. I can also do without alimony, can these be used as evidence that the husband does not pay alimony?
Kiss hello <>
It also needs to be given, because this is the obligation of parents, oh kiss <>
Kiss hello <>
These are not possible because it is the obligation of both parties for parents to pay child support, so this is a <> that must be given
I have applied for enforcement, but the other party is still unwilling to give it.
Kiss hello <>
If you have to go to the court, you can only enforce it after hearing the court lawsuit<>
I've gone to court to sue.
Kiss hello <>
Well, just wait for the notification at this time<>
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Legal analysis: 1. If one party does not pay alimony after divorce, the two parties can negotiate according to relevant regulations; If the negotiation fails, a lawsuit may be filed in the people's court. If one party does not have the financial capacity and cannot protect himself, he or she may not be liable for maintenance under certain conditions.
2. If one party has no economic income or his whereabouts are unknown, so that the other party cannot get child support, his property can be used to offset the child support fee.
If there is no reduction in the payment of child support, then he can reduce the payment. In the case of reduced payment, it mainly means that the paying party is unable to pay the original amount due to long-term illness or incapacity for work, and the party raising the child can afford most of the child's maintenance, then the paying party can request a reduction in the payment.
3. If one party refuses to pay the judgment or ruling of the people's court on child support, the other party may apply to the court for compulsory enforcement, and other relevant units or individuals shall assist in enforcement.
If one party does not enforce the alimony agreed in the divorce agreement, the other party cannot directly apply to the people's court for enforcement, but must file a civil lawsuit with the people's court, using the original agreement as evidence to request the court to order the other party to perform its obligations.
Legal basis: Article 1089 of the Civil Code of the People's Republic of China After 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.
I hope mine can help you, if satisfied. Thank you.
1.You can apply to the Women's Federation for help, but because the Women's Federation is a mass organization and has no coercive power, it is generally very inefficient. >>>More
In any of the following circumstances, the husband and wife shall jointly apply and upon the approval of the township, neighborhood population and family planning work institutions or agricultural and forestry farms directly under the county level or above, they may have another child: (1) The first child is a disabled child or the first twin (including multiple births) are all disabled children and cannot grow into a normal labor force, and are medically deemed to be able to have another child; (2) Remarried couples, where one party gave birth to two or fewer children (including lawful adoption, the same below) before the remarriage, and the other party has not given birth; (3) Where a remarried couple each had a child before the remarriage, and the minor children were determined to be with the former spouse by a judgment in accordance with law or a divorce agreement at the time of divorce, and the new combined family has no children; (4) Remarried couples, where each party had one child before the remarriage, and the new combined family has only one child, but the child is a disabled child and cannot grow into a normal labor force, and is medically deemed to be able to have another child; (5) Neither husband nor wife has ever given birth to a child before marriage, but after marriage has been assessed by a medical or health care institution at the county level or above to suffer from infertility, and then becomes pregnant after adopting a child in accordance with law; (6) The husband and wife are only children and have only one child; (7) One of the husband and wife has been working in a mine or in deep water for five consecutive years, and is still engaged in that work and has only one child; (8) The husband and wife are rural residents (agricultural population, the same below) and have only one child and are girls. According to your situation, you can have children.
1. On the conditions for divorce.
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. >>>More
In general, if one party does not agree to the divorce, the other party can still sue for divorce. Legally, everyone has the right to file a divorce lawsuit. However, the outcome of a divorce case can be affected by a variety of factors, including the evidence and statements of both parties, as well as the provisions of the law and the judge's judgment. >>>More
Endure the labor pains and do what you should usually do, such as working hard The long pain of an unhappy marriage is not as good as the short pain, it is only in your twenties, and the road ahead is still long, you have to believe that there will always be someone who knows how to appreciate you!