My husband can t pay his tuition and living expenses, I want to divorce, who does the child belong t

When hearing divorce cases, people's courts shall follow the "Marriage Law of the People's Republic of China" and other relevant laws and regulations to properly resolve the issue of child support in accordance with the "Marriage Law of the People's Republic of China" and relevant legal provisions, starting from the perspective of benefiting the children's physical and mental health, protecting the children's lawful rights and interests, and taking into account the specific circumstances such as the parents' ability to raise and the conditions for raising them.

Children under the age of two generally live with their mothers, and if the mother has any of the following circumstances, she may live with her father:

1) Suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them;

2) There are conditions for raising children who do not fulfill their obligation to support them, and the father requires the child to live with him;

3) The child is unable to live with the mother due to other reasons.

Where both parents agree that a child under the age of two lives with the father and does not adversely affect the child's healthy development, it may be permitted.

For children over the age of two years, both the father and the mother request to live with them, and one of the parents may be given priority in any of the following circumstances:

1) Have undergone sterilization or have lost their fertility due to other reasons;

2) The child has lived with the child for a long time, and the change of living environment is obviously detrimental to the healthy growth of the child;

3) There are no other children, and the other party has other children;

4) The child lives with him/her, which is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious disease that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health, and it is not suitable to live with the child.

The conditions for the upbringing of the child by the father and the mother are basically the same, and both parties require the child to live with the child, but if the child has lived alone with the grandparent for many years, and the grandparent requests and has the ability to help the child take care of the grandchild, it may be considered as a priority condition for the child to live with the parent.

In the event of a dispute between the parents over the age of 10 over that a minor child over the age of 10 should be accompanied by his or her father, the child's opinion shall be taken into account.

On the premise that it is conducive to protecting the interests of the children, where both parents agree to take turns raising the children, it may be permitted.

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.

During the divorce proceedings, if both parties refuse to raise the children, a ruling may be made in advance for one party to temporarily raise the children.

You come to ask for it, children are born to be hurt by their parents. That's it when you're there. When you leave, your child will not be in any pain. Bring it yourself, work and raise it yourself.

If your husband really has no financial **, then the judgment of the children will be more favorable to you when you divorce, but don't divorce easily.

If you care about the baby, stay it

You better find a fortune teller first, both sides don't work hard to get to** will not be economical**.

We all know that parents, as guardians of their children, have the obligation to provide the expenses that their children need during their formative years, which is an unavoidable obligation of parents, even if the parents are divorced, the parent who does not raise the child needs to pay the expenses for the child's upbringing to the other parent. However, if there is child support after the divorce.

What should I do if the other party doesn't give it? See below to find out.

1. What should I do if the other party does not pay alimony after the divorce?

If the parties fail to negotiate with each other, it can generally only be resolved through litigation. China's Marriage Law.

It stipulates that the other party shall bear the necessary living expenses and part or all of the 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.

1) If one party has no financial income or is missing, and the other party cannot receive child support, the other party can use his or her property to offset the child support expenses.

If there is no condition for the maintenance party to reduce the payment, 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.

2) 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 enforcement.

Other relevant units or individuals shall assist in enforcement.

Note that if one party does not execute the divorce agreement.

The other party cannot directly apply to the people's court for compulsory enforcement of the alimony that should be paid, but must file a civil lawsuit with the people's court.

Using the original agreement as evidence, the court is requested to order the other party to perform its obligations.

2. After the divorce of the husband and wife, how should the child support be calculated?

1) Calculation method of child support in divorce:

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 responsible for raising expenses, 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) In view of different actual situations, child support should be considered from the following aspects:

1. The actual needs of the child;

2. Affordability of both parents;

3. The actual living standard of the local area.

There are corresponding provisions in the law on the payment of child support after the divorce of parents, but in actual divorce cases, how should child support be paid? There are still some uncertainties, such as the investigation of one party's property, etc., which require professional knowledge and methods. If the divorce case is complicated, it is recommended that the divorcing parents consult a lawyer to resolve it.

You can sue him for this, let's talk to him first, let him quickly bring over the child's living expenses, if he doesn't give it, you can sue the court, let the court judgment be enforced, and then it will be bad for him to become an old man like this.

If you do not pay the child living expenses after the divorce, you can sue the other party in the name of the child. 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. Hope mine can help you!

In this case, you can choose to file a lawsuit with the court and let the court force the other party to bear the responsibility of supporting the other party.

After the divorce, the other party does not give the child living expenses, then you can sue him in this case. After the divorce, no matter which parent the child is on, the other party will pay for the living expenses. If you don't give it, you can sue through the courts, and the solution is straightforward.

After the divorce, if the other party does not give the child living expenses, he can go to the court to appeal, and through the court appeal, the court will force him to pay the child's living expenses.

I think it is very wrong for the other party not to give the child living expenses after the divorce, and he should be sued and should go to the court to sue him, because in this case, since the court has already decided, he must give the living expenses, because it is illegal not to give it.

Then the other party has violated the corresponding law and can sue to recover living expenses, but it is best to negotiate with him before this, because it is an obligation for parents to pay child support, tell her that if she does not give it, she will sue him, which will make the child have a bad opinion of him, and I believe that she will directly give living expenses.

After the divorce, the other party can not give the child living expenses, but you must give the child support expenses, living expenses and child support, which is completely different, the child support is between 20% and 40% of the other party's salary every month, and the maximum cannot exceed 50%, how much is the monthly child support, you need to negotiate yourself.

Direct application for adjustment, such as a local community, or a village, can be adjusted. If it doesn't work. to file a lawsuit directly. Both parents have an obligation to raise the child, and it is illegal for one parent not to pay child support.

Specifically, you need to find a professional lawyer to help, preferably a local lawyer. In fact, it depends on whether your divorce is divorced by the court or by agreement with the civil affairs department, and whether there is an agreement on the children's living expenses stipulated in the judgment or agreement.

When going through the divorce, a divorce agreement should be written, and this divorce agreement is legally valid, and it can be enforced without living expenses.

If you agree on the living expenses in the divorce agreement or at the time of the divorce, the court sentences the other party to pay the living expenses, if you don't pay it, you can go to the court to sue the other party.

You can sue the other party through legal means, and if the other party really doesn't have the money, it's a different matter.

You can communicate privately first, and if you can't communicate, you can ask a third party to intervene.

You can go to the court to apply for enforcement, and such an irresponsible person must let him bear the responsibility he should bear.

Legal analysis: If the husband does not pay living expenses, he can choose to sue for divorce, but the court will not agree to the divorce of the husband and wife. Because there is a cooling-off period in the current divorce, it is obviously unrealistic for each other to choose to divorce because of living expenses.

The court will also reject the request for divorce because the husband and wife still have feelings.

Legal basis: Article 1079 of the Civil Code of the People's Republic of China: Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with 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, if mediation fails, a divorce shall be granted: (1) bigamy or cohabitation with another person; (2) Committing domestic violence or abusing or abandoning family members; (3) Having gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife. Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Legal analysis: 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.

Law 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 preceding paragraph that subscribes to this provision of an agreement or judgment does not prevent the child from making a reasonable request to either parent for more than the original amount of the agreement or judgment when necessary.

Summary. Husbands and wives need to communicate more with each other, so that they can understand each other's thoughts, how long have you been married, and how are your usual relationships? Have you ever communicated this topic with each other?

There is no divorce, and the husband does not pay the child's tuition and living expenses.

Husbands and wives need to communicate more, so that they can understand each other's thoughts, how long have you been married, and how good are your usual relationships? Have you ever communicated with each other about this source?

In this case, there must be an impact on your relationship as a couple? Have you checked if there is anyone outside him?

There is no one out there, I take care.

Communication is useless.

Have you ever considered a divorce and then sued him to pay the costs?

If you still have feelings for him, it is recommended that you talk to him well, but you say that communication is useless, which means that you have already chatted with him many times. Then let the prestige of the family or someone who can make him obedient come forward and communicate on the spot what he thinks.

In addition, you said that you don't care about whether there is anyone outside him, which means that your emotional foundation is already very weak. What is the use of a man who has no feelings and does not fulfill his family responsibilities? You can consider leaving, and let the law bind him to pay the corresponding expenses and bear the responsibilities that he should bear.

There is no divorce, and the husband does not pay the child's tuition and living expenses.

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We'll be happy to answer for you. If the husband does not pay the cost of the child, the wife can directly be the legal disadvantage of the child, sue the court in the name of the child, and ask the husband for child support. According to the law, if the parents fail to fulfill the obligation to support them, the minor children or the adult children who cannot live independently have the right to demand maintenance from the parents.

Legal basis: Article 53 of the Interpretation (1) of the Supreme People's Court on the Application of the Marriage and Family Section: The period for payment of rent and alimony is generally until the child reaches the age of 18.

Parents who are over 16 years old but under 18 years of age, whose main livelihood is their labor income, and who are able to maintain the general living standard of the locality, may stop paying child support.