My husband has no property in his name, can he claim alimony after divorce?

Updated on society 2024-05-25
7 answers
  1. Anonymous users2024-02-11

    Of course, you only need to show evidence to prove that there is a part of the property in your in-laws' name, and at the same time show that he has a fixed income**, that is, if the economic conditions allow, file a court prosecution and let him pay alimony, not alimony!

  2. Anonymous users2024-02-10

    If you are divorced, you have no obligation to support, only the division of property.

    If your husband has no income, you will have no property to divide in this divorce.

  3. Anonymous users2024-02-09

    A child's obligation to support his or her parents does not end when there is a change in the marital relationship between the parents.

    First of all, if an adult child does not fulfill the obligation to support, the parent who lacks the ability to work or has difficulties in living has the obligation to demand maintenance from the adult child.

    Secondly, the child's obligation to support his or her parents is not terminated by a change in the marital relationship of the parents.

    Thirdly, grandchildren who can afford it have the obligation to support their grandparents who have died or whose children are unable to support them.

    Finally, if the widowed daughter-in-law has fulfilled the main maintenance obligation to her parents-in-law, and the widowed son-in-law has fulfilled the main maintenance obligation, she will be the first-order heir.

    1. Does the son-in-law have the obligation to support?

    No. Article 26 of the Civil Code stipulates that: "Adult children have the obligation to support their parents.

    Article 1167 stipulates that "when a child fails to fulfill the obligation of maintenance, the parent who is unable to work or has difficulties in living shall have the right to demand maintenance from the child." "Children here include children born out of wedlock, adopted children, and stepchildren in a dependent relationship, but do not include sons-in-law and daughters-in-law, that is, the law does not stipulate that sons-in-law have an obligation to support their fathers-in-law.

    2. Does the daughter-in-law have the obligation to support her in the Civil Code?

    The Civil Code does not have the obligation of supporting the daughter-in-law, including travel. China's Civil Code stipulates the obligation of adult children to support their parents, but does not stipulate the obligation of daughter-in-law to support her in-laws, but if one of the husbands dies, the widowed daughter-in-law has fulfilled the main obligation of support to her in-laws, she can be the first-order heir of her in-laws and inherit the inheritance of her in-laws.

    Article 1069 of the Civil Code of the People's Republic of China stipulates that the child's obligation to support the parents of the old family shall not be terminated due to changes in the marital relationship of the parents.

  4. Anonymous users2024-02-08

    Divorced men do not need to give a woman alimony type size. Because the parties to the divorce are not in a relationship of maintenance and maintenance, the man does not have to pay alimony to the woman. If one party has difficulties in life, the other party should provide appropriate assistance from his or her personal property, such as housing.

    The specific method of assistance and the amount of assistance may be determined by the parties through negotiation. If one party is not willing to negotiate the lease, or if it is unable to reach an agreement, then it can sue for settlement.

    Legal basisArticle 42 of the Interpretation (1) of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China.

    "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 49: The amount of child support may be determined on the basis of the actual needs of the children, the affordability of both parents, and the actual living standards of the locality.

    For those with a fixed income, maintenance can generally be paid at the rate of 20 to 30 percent of their total monthly income. Where two or more child support expenses are paid, 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 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.

    Where there are special circumstances, the above proportion may be appropriately increased or decreased.

  5. Anonymous users2024-02-07

    The divorced parties are not in a relationship of maintenance and maintenance, and do not have to pay alimony. However, China's Civil Code stipulates alimony and support obligations. In the case of divorce by litigation, Article 1088 of the Civil Code If one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall give compensation.

    The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

    Whether the elderly person has the right to demand alimony from the supporter.

    If the person who supports the bridge does not fulfill the maintenance obligation, the elderly person has the right to demand that the supporter pay maintenance. Children financially provide the necessary living expenses for their parents, that is, bear certain financial responsibilities, provide necessary financial assistance, and give material financial assistance.

    How much is child support given in a divorce.

    The 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 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.

    Article 7 of the Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts: The amount of child support may be determined on the basis of 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 current year or the average annual 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.

    Legal basis

  6. Anonymous users2024-02-06

    If the other party does not pay alimony after an agreed divorce, the chief may report to the court of first instance, and the court of first instance will educate and warn the parties who do not enforce the judgment, urging them to fulfill their obligation to raise their children. If the judgment is refused, one party may apply to the court of first instance for compulsory enforcement.

    Legal basisArticle 236 of the Civil Procedure Law of the People's Republic of China.

    The parties must perform on legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement. The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts.

    If one party refuses to perform, the other party may apply to the people's court for enforcement.

  7. Anonymous users2024-02-05

    1. No.

    2. The divorced man does not need to give alimony to the woman. Alimony is the necessary living expenses paid by children to parents who are unable to live and survive. When a husband and wife divorce, the parties can agree to divide the joint property at the time of divorce.

    3. If the woman has difficulties in life after the divorce, she can claim to get help from the man. If the woman has contributed a lot to the family during the marriage, she can claim compensation in the event of divorce. If the husband is at fault for the divorce, the woman can claim compensation.

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