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If the other party does not pay child support, it can be resolved through legal means through litigation, and the court will support it. Giving the child to the other party is a change of custody of the child. It is also possible for both parties to negotiate and agree. Otherwise, you can go to the legal consultation post and ask a specialized marriage and family lawyer.
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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.
Therefore, a separate lawsuit may be filed for a change in child custody relationship.
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In the event of a divorce, whoever is his guardian will be the one who will take care of him. Alimony is not sued.
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Follow the law, and the children have to raise themselves.
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After the divorce, if the other party does not pay alimony, usually the disturbance can only be resolved by filing a lawsuit with the court, and according to the circumstances, the lawsuit can be filed at the same time as the court can apply for prior enforcement.
China's laws stipulate that after a divorce, one party raises children, and the other party should bear part or all of the necessary living expenses and education expenses.
If the negotiation fails, it shall be determined by the judgment of the People's Court.
If one party does not pay child support, if the divorce was previously adjudicated, the party may apply to the court for enforcement according to the terms of payment of child support for divorce contained in the divorce judgment;
If it is a divorce by agreement, you can sue the court again, let the court award alimony, and then take Li Xu to apply for enforcement, or you can apply for enforcement at the same time as the lawsuit.
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After the divorce, if the other party does not pay child support, can the child be raised by the other party?: If the other party does not pay child support, the child should be given to the other party for support. Qizhong why?
The law stipulates that both husband and wife, divorced or not, have the responsibility and obligation to raise their children up to the age of 18. But it's more troublesome, and the other party needs to have the ability to live, and if you even have problems with your own ability to live, it may not work. Of course, completely other reasons are caused, such as:
Procrastination, etc. In a whispering sentence, it is best to solve it through the courts.
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After the divorce, if the other party does not pay child support, they can communicate with the other party by agreement, and strive to get the other party to agree to change the child's custody relationship, and the other party will directly raise the child. Only ask the other party to agree, and the two parties sign a change agreement, and both parties can perform according to the agreement.
At the same time, the other party does not have child support paid by pure child chain, if the two parties divorce by agreement, they can sue the court to require the other party to pay child support. If the divorce is through a court judgment, you can apply to the court for enforcement.
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I think that if you don't take child support for Kuzi Fangshan Chain, you can sue him, you can only give the child to the other party, because the child was awarded to you at that time, I think it is most reasonable to let him take child support to the child.
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You can think about it from your perspective, you can't do anything good for many people, you have a child, and you want to get a ticket to cover the cheating, if you really can't afford it, just give it to others, and tell him okay, I don't have any money, and I can't afford child support.
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I think if you don't want a child, of course you can give it to him, but see if he wants it? If you want it, this will be easy to do, otherwise, it will definitely grow up for the child, and it will not be good.
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OK. If both of you can discuss it.
Custody of a child can be changed.
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Yes, you need to pay him child support, and the money doesn't have to go to the child.
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Legal letter brother analysis:
After the divorce, the other party does not pay child support, and the minor child has the right to demand the payment of child support, and the bureau can sue the court to demand the other party to pay child support. Upbringing of a child is a legal obligation and parents cannot refuse.
Legal basis: Article 1067 of the Civil Code of the People's Republic of China stipulates that if parents fail to fulfill their obligation to support them, minor children or adult children who cannot 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.
Article 1085 of the Civil Code of the People's Republic of China stipulates that if a child is directly raised by one party after divorce, 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.
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Summary. The following analysis is made according to your problem: after the divorce, the other party does not pay alimony, which can usually only be resolved by filing a lawsuit with the court, and can apply to the court for prior enforcement at the same time as the lawsuit is filed, depending on the situation.
According to the question of Qiao Zhaochen, the following filial piety analysis is made: after the divorce, the other party does not pay alimony, which can usually only be resolved by filing a lawsuit with the court, and can apply to the court for enforcement at the same time as the lawsuit is filed according to the situation.
China's laws stipulate that after a divorce, one party shall raise the children, and the other party shall bear part or all of the necessary living expenses and education expenses. If the negotiation fails, the people's court shall make a judgment. If one party does not pay child support, if the divorce was previously adjudicated, the party may apply to the court for enforcement according to the terms of payment of child support for divorce contained in the divorce judgment; If it is an agreed divorce, you can re-sue the court to let the court award alimony and then apply for enforcement, or you can apply for enforcement at the same time as the lawsuit. Nuclear traces.
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Can the man give the child to the man if he does not pay child support?
2. If the other party cannot find a person for 2 years, he may apply to the people's court to declare the other party a missing person. The property of the other party is held in escrow by his spouse, adult children, parents or other person who is willing to act as the custodian of the property, and maintenance is paid by the custodian from the property of the other party.
Two years after the divorce, if the husband does not pay child support, he can sue. If the husband does not pay child support two years after the divorce, the woman may go to the people's court to file a child support lawsuit and request the people's court to make a judgment on child support.
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What are the consequences of not paying alimony after divorce, the Marriage Act provides that a civil action can be filed in court.
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After the divorce, there are two ways to resolve the other party's non-payment of divorced child support: one is that the previous divorce was divorced by agreement, and the other is that the previous divorce was divorced by court judgment or mediation, and both can apply to the court to enforce the other party's child support for the divorce.
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What should I do if the other party does not pay child support after the divorce?
The lawyer below gives you a lot of details.
My knowledge is simple and easy to understand. What happens if the woman or the man, the wife or the husband does not pay child support after the divorce? There are many people who will tell you to find a lawyer to sue the source first, and let the source ** trial.
It's a hassle. You have to write an indictment and find a lawyer. Prosecution, case filing, ** and other links are lifted.
There are also court fees and fees for finding a lawyer.
The simplest and most direct solution: that is, you can find a provincial origin network to register, and you can file a case online. It is very convenient to wait for the crown to contact you after filing a case online.
The precise thing is to directly apply for Xiaobi to enforce it. If you don't pay child support for a long time, you will continue to file a case online to enforce the other party.
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If one party has no financial income or his whereabouts are unknown, and the other party is unable to receive child support, his or her property can be used to offset child support. 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. Legal basis: Article 37 of the Marriage Law 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.
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. Article 48 of the Marriage Law provides that the people's courts shall enforce the judgment or ruling on alimony, child support, alimony, property division, inheritance, or child visits. Relevant individuals and units shall be responsible for assisting in implementation.
Civil Complaint.
Plaintiff: Female, born on October 2, 1995, Han nationality, from the city, living in the unit number of the residential area of the city district. >>>More
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. For the issue of child support, it is necessary to carefully confirm the circumstances of both parties from the perspective of being conducive to the child's growth, but the child during the breastfeeding period is generally awarded to the woman for support, if it is not a lactation period, it is necessary to see that party is more suitable for the child's growth and solicit the child's own opinion. The parent who does not support the child should pay monthly maintenance, which is generally between 20 and 30% of the annual income. >>>More
It is possible to see the children after the divorce, which is legally known as visitation rights. The right to visit, also known as the right to meet and communicate, refers to the right of the parent who does not directly raise the child after the divorce to visit, contact, meet, socialize, and live together with the minor child for a short period of time. Article 38 of the Marriage Law provides: >>>More
After the divorce, the child's mother does not give child support, which can be sued, but after all, the husband and wife are the same, and they are also the child's biological mother, so they can negotiate if they can, and mediate if they can, so don't embarrass the child in the middle in the future. >>>More
Yes, in the name of the child.
According to Article 36 of the Marriage Law, the relationship between parents and children shall not be extinguished by the divorce of the parents. >>>More