Do seriously ill children overpay alimony when they divorce

An agreement or judgement concerning the child's maintenance and education shall not prevent the child from making a reasonable demand against either parent, if necessary, in excess of the amount originally agreed upon in the agreement or judgment, and may sue the court for an increase in maintenance if the child is seriously ill and requires an increase in maintenance.

According to the Marriage Law of the People's Republic of China:

Article 37: 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.

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.

According to the relevant provisions of the Supreme People's Court's "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts":

When hearing divorce cases, people's courts shall follow articles 29 and 30 of the "Marriage Law of the People's Republic of China" and relevant legal provisions to properly resolve the issue of child support, proceeding from the interests of the children's physical and mental health, protecting the children's lawful rights and interests, and taking into account the specific circumstances of both parents, such as their ability to raise and their conditions for support. On the basis of the above principles, combined with trial practice, the following specific opinions are put forward:

15. After the divorce, if one party requests to change the child support relationship, or the child requests an increase in child support, a separate lawsuit shall be filed.

16. In any of the following circumstances, one party's request to change the child support relationship shall be supported.

1) Living with the child, one of the parties 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.

It's possible. The child's study or medical expenses should be borne by both parties, and the child's illness will naturally cost more medical expenses, and the corresponding maintenance expenses will also increase.

In divorce cases, when the people's court determines the amount of child support, it generally determines it based on the following three criteria: 1. The actual needs of the children. 2. Affordability of both parents.

3. The actual living standard of the local area. 1. How to determine the specific amount of child support? According to the judicial interpretation, after the husband and wife agree to divorce, the child support can be paid according to the following standards:

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 burdened, 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.

3. If there are special circumstances, the above proportion can be appropriately increased or decreased. 2. Specific measurement factors of the standard amount of child support 1. The actual needs of the child's living expenses, education expenses, and medical expenses; 2. Affordability of both parents. 3. The actual living standard of the local area.

According to the provisions of the judicial interpretation of the Marriage and Family Section of the Civil Code, if the original maintenance fee is insufficient due to the child's illness, the party directly raising the child may request an increase in the maintenance fee.

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 42: "Child support" as used in Article 1067 of the Civil Code includes expenses such as children's living expenses, education expenses, and medical expenses.

Article 58:In any of the following circumstances, where a child requests an increase in child support fees from a parent who has the ability to 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.

Legal analysis: The cost of the child's illness after the divorce is borne by the two individuals. There is no clear legal provision on the burden of medical expenses for children after divorce, but it can be understood from the following aspects:

1. The relationship between parents and children is not eliminated because of the divorce of parents. After divorce, the child remains the child of both parents, regardless of whether they are raised by the father or the mother. 2. Although the law only stipulates living expenses and education expenses for the maintenance of children after divorce, Zheng Wangran has a large range of medical expenses in recent years, and no matter who takes the child after the divorce, once the child is seriously ill, it is difficult to bear the child's medical expenses alone.

Except in the case of divorce, which should be given due consideration by both parties, it does not prevent the child from making a joint claim against either parent, if necessary, in excess of the amount originally agreed upon or judged.

Legal basis: Article 1085 of the Civil Code of the People's Republic of China After 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 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.

1. Are both parties responsible for the medical expenses of the child's serious illness after the divorce?

1. If the child is sick after the divorce, both parents are responsible for the payment of medical expenses, and how to pay it shall be determined by both parties through negotiation, and if the negotiation fails, they can file a lawsuit with the court.

2. Legal provisions: "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts".

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 childcare fee is not enough to maintain the actual living standard of the local people;

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.

Civil Code of the People's Republic of China

Article 1058: [Equal Rights and Obligations of Husband and Wife to Raise, Educate, and Protect Children] Both husband and wife equally enjoy the right to raise, educate, and protect their minor children, and jointly bear the obligation to raise, educate, and protect their minor children.

2. How old is the new rules on child support?

1. General period:

According to the meaning of the child's adulthood, the principle period is generally until the child reaches the age of 18. If the child is over 16 years old but under 18 years old, and the child's labor income is his main livelihood** and he can maintain the general living standard of the local area, the parents may also stop paying child support. That is, under the age of 16, parents must pay child support, and those over the age of 16 and under the age of 18 will pay Chapiyou according to the situation, and those over the age of 18 will no longer be paid.

2. Special period:

In some special cases, although the child is an adult, if the parents have the financial ability to afford it, they still have to pay for their child support, and the period of cessation depends on the specific circumstances, including the following three situations:

1) Adult children are incapacitated to work or their income is not sufficient to support their livelihood, although they have not completely lost their ability to work;

2) Adult children are still in school;

3) Adult children do not have the ability and conditions to live.

If there is a child in one of the above special circumstances, the parents who can afford it still have to pay child support, which is also to reasonably protect the interests of the child. After all, in real life, the child has just entered college at the age of 18, and it is the time when the money is needed, if the child's parents divorced when the child was young, the alimony determined according to the living standard at that time cannot meet the needs of college study and life. For example, some special children, who are physically disabled or autistic, may not be able to live independently for the rest of their lives, and this situation cannot stop paying child support because they are adults, which also reflects the fairness and justice of the law.

From my analysis of the failed sales, I know that when a child suffers from a serious illness, both parents are responsible for paying for medical expenses. The medical expenses are generally borne equally by both parties, but they can also be determined by the two parties through negotiation, and if the negotiation fails, a lawsuit can be filed with the court. If you need legal help, you can go and ask for advice.

Legal Analysis] "Child support" includes children's living expenses, education expenses, medical expenses and other expenses. Therefore, the expenses necessary for the upbringing of minor children are all part of the content of child support, and it is wrong to think that only living expenses and tuition fees are covered. In addition, Article 37 of the Marriage Law stipulates that for children raised by one party, the other party shall bear part or all of the necessary living expenses and education expenses.

If you refuse to pay child support, you can file a lawsuit with the court, which will be supported in accordance with the law. If the court has already made a judgment on the amount of alimony to be paid, but does not take the initiative to perform it, the situation may be reported to the court of first instance, and the court of first instance will educate and warn the parties who do not enforce the judgment, so as to urge them to fulfill their obligation to raise their children. Divorced parents still have an obligation to support their minor children, and if one party fails to fulfill their obligations, the other parent can file a lawsuit with the court to apply for enforcement.

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.

After the divorce, the child's household registration will be transferred to the household registration of the parent with custody rights, and the person or the head of the household shall report to the household registration authority before moving out, obtain the migration certificate, and cancel the household registration. Then go through the move-in procedures with the place where you moved in.

Legal basis] Civil Code of the People's Republic of China Article 1076 Where a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling. Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted. In any of the following circumstances, where mediation fails, a divorce shall be granted: (1) bigamy or cohabitation with another person; (2) Committing domestic violence or abusing or abandoning family members; (iii.)