Help!!

Updated on society 2024-05-21
6 answers
  1. Anonymous users2024-02-11

    Hello, now with the following reply to your question:

    1. Alimony: The law does not directly stipulate specific standards, but Article 7 of the "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts" stipulates that it shall be determined according to the actual needs of the children, the affordability of both parents and the actual living standards of 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 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. 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.

    According to the judicial interpretation, after the divorce, if the child requests an increase in the maintenance fee, and the negotiation fails, the child may file a lawsuit with the court. The statutory reasons for the increase are: (1) the amount of the original child support fee 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 that should be added.

    2. Regarding finding someone, first of all, from the perspective of litigation, the court does not have the obligation to find someone for you, but you should provide a "clear defendant", so to speak, if this person cannot be found, the court will not accept the case, because even if the case is accepted and the judgment is down, no one will execute the judgment (through public notice service, etc.), and it will not make much sense. So as for how to find people, you have to figure out how to do it yourself. The public security department should not help you find someone because you participated in the lawsuit, and people have no obligation to do so.

    3. The law does not provide for moral damages in this case, and all courts will not support it.

    4. Regarding the subject of the lawsuit, the lawsuit should be conducted in the name of the child, and the parents can participate in the lawsuit as the legal ** person.

  2. Anonymous users2024-02-10

    This. It would be better to post it on the legal page or a special forum, and it would be better to find a professional to help you, and it may backfire for ordinary netizens.

  3. Anonymous users2024-02-09

    17 years old is 17 years. It doesn't seem to be something that can be bought with money. At least you put your living expenses and the cost of schooling. Give it all, so that you can calculate how much money you can spend on average in a month, and the money for all the years of schooling.

  4. Anonymous users2024-02-08

    How to claim alimony: In general, the two parties negotiate to pay the corresponding alimony. If the two parties cannot reach an agreement on the amount of expenses to be borne and the length of the time limit, they may file a lawsuit with the people's court, and the people's court will make a judgment.

    [There is no basis for the law].

    Article 1085 of the Civil Code of the People's Republic of China.

    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 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.

    Article 1067.

    If the parents do not fulfill the obligation to support them, the minor children or adult children who are unable to live independently have the right to demand that the parents pay child support.

    Article 61 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.

    The people's courts may employ compulsory measures in accordance with article 111 of the Civil Procedure Law against parties or other persons who refuse to perform or obstruct others' performance of their obligations in effective judgments, rulings, or mediation documents related to the support of their children.

  5. Anonymous users2024-02-07

    according to the actual needs of the child; affordability of both parents; The actual standard of living in the local area determines the amount of alimony, and then asks for alimony from the parent who does not directly raise the child. Child support is the cost of living, education, and other expenses borne by parents or other persons who have an obligation to support minors.

    Legal basis] Article 1085 of the Civil Code, 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 discussed 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 reasonable demands to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

  6. Anonymous users2024-02-06

    2. For those who bear two or more child support, the proportion may be appropriately increased, but generally not more than 50% of the total monthly income. 3.If there is no fixed income, the amount of maintenance 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.

    Hello, after the divorce, the father of the child pays 20% of the salary on a monthly basis. Now that he is about to transfer to the army, there will be a transfer fee, which will be paid to the child in proportion?

    Hello, dear, I'm glad to answer for you. 1. For those who have a fixed income, the maintenance fee can generally be paid according to the proportion of 20% to 30% of the total monthly income. 2. For those who bear two or more child support, the proportion may be appropriately increased, but generally not more than 50% of the total monthly income.

    3.If there is no fixed income, the amount of child support may be determined based on the total income of the year or the average income of the same industry, with reference to the above proportions.

    If there is a fixed income, it is paid according to 20 to 30% of the monthly income, and if there is no fixed income, it is paid according to the total annual income.

    If there is a fixed income, it is paid according to 20 to 30% of the monthly income, and if there is no fixed income, it is paid according to the total annual income.

    He currently has a fixed income, and he pays it on a monthly basis, but this job transfer fee is not a fixed income, but it is also a spring income, can I ask him to give it to the child? Chop to do.

    You can ask for it.

    What about the specific proportions?

    The joint property of the husband and wife shall be divided by mutual agreement at the time of divorce and shall be subject to negotiation.

    We were both divorced a long time ago, and this is how much he earned after the divorce.

    Parts can belong to common property.

    This is difficult to define in law, and requires consultation and legal means for the judge to decide.

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child support expenses, you are still in charge; As for the house, the man has already given you a lump sum compensation at the time of the divorce, so now you have no right to ask for compensation and so on.