Legal Issues of Child Support in Divorce? Thank you

It seems that you hate your ex-husband too much. The question you are asking is actually a question, which is the question of the consequences of the other party's non-payment of child support. According to the provisions of the law, if one party does not fulfill the obligation to pay, you can go to the court to sue, if the other party is missing, you can also solve it through litigation, the possibility of turning this problem into a criminal case is very small, if the child is still raised by you, it is more difficult to claim the crime of abandonment, and the current public security organs are shirking responsibility, let alone filing a case for you.

My suggestion is that you can still solve it through litigation.

This can only be a civil case, and you can sue him and ask the court to seize the property in his name.

But it is not yet to the point where it is wanted nationwide.

But the moral level of this father is too poor.

No. Failure to fulfill the obligation to support the child is a civil liability. If you want it, it should be a criminal case.

It is difficult to turn it into a criminal case, and although it is an act of abandonment, it can only constitute a crime if it causes serious consequences.

It is not yet to the point of being wanted in the whole country.

But this father's moral level is as poor as that of water spinach, and he is destined to be lonely for a hundred years.

No, it is a civil dispute.

No. You can sue the court and demand payment.

No, you can only apply to the court for enforcement or property preservation.

Legal analysis: The relationship between parents and children is not eliminated by the divorce of parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent.

After divorce, parents still have the right and obligation to raise and educate their children. After divorce, the child who is breastfeeding shall be raised with the nursing mother. If the two parties cannot reach an agreement due to a dispute over the custody of a child after breastfeeding, the people's court shall make a judgment based on the rights and interests of the child and the specific circumstances of both parties.

Legal basis: Civil Code of the People's Republic of China

Article 1084:The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.

After divorce, parents still have the right and obligation to raise, educate and protect their children.

In the event of a divorce, children under the age of two shall be raised directly by their mothers. Where the parents of a child who has reached the age of two cannot 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 that it is most conducive to the minor child to wander in the world. Where children have reached the age of 8, their true wishes shall be respected.

Article 1085:After divorce, where 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.

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After the parents divorce, where the children live is directly related to the interests of the children, and in divorce cases, disputes between the parties are most likely to arise. The most advantageous solution should be found in dealing with the issue of child support from the perspective of the principle of the best interests of the child.

Determination of child support relationship after divorce: (Handling of the agreement between the parents).

In divorce cases, if the parents reach an agreement on the custody of the child, the intention of the parties will generally be respected and handled in accordance with the agreement, unless the agreement to have the child raised by the father or the mother is seriously detrimental to the normal life of the child. If both parties agree to take turns raising children, the agreement between the two parties will also be respected. Children between the ages of 2 and 10.

For girls who are over two years old but under the age of 10, both the father and the mother must live with them.

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Legal Analysis: Divorce and child custody can be resolved through negotiation and litigation. The two parties can first negotiate to determine the ownership of custody, and if the negotiation fails, they can file a lawsuit in the court, and the court will make a judgment.

The court will make a comprehensive decision based on the financial situation, living conditions and physical condition of both parties in accordance with the principle of benefiting the child. If it cannot be proved that the ability and conditions of custody are better than those of the other party, then the chances of obtaining custody are small.

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

Article 1076:Where both 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' intention 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 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 bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) 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.

1. If you are divorced and the child's father is missing and does not pay child support, can you arrest him and go to jail, and what kind of legal punishment will be the heaviest one? Can it be converted into a criminal case:

1) Under normal circumstances, he cannot be caught "in jail". But if he does not pay child support, and the woman's ** child sues the court to make him pay, and he has the ability to pay but refuses to pay because he is missing, the court can take him into judicial custody in the future (up to 20 days, and he lives in a detention center instead of a prison), and if he still refuses to give property, he may be prosecuted for the crime of refusing to perform the judgment and ruling, and the statutory penalty is up to three years imprisonment, criminal detention or a fine (this may be imprisoned).

However, if he does not have any property to enforce, he will generally not be taken into judicial custody or prosecuted for criminal liability.

2) There are also circumstances that may be turned into a criminal case: because he does not pay child support, and the mother is unable to raise him, causing serious consequences, such as the child is seriously ill and has no money for medical treatment, and the consequences are serious, he may be suspected of the crime of abandonment and be investigated for criminal responsibility.

2. Another question is that the child is sentenced to him to raise, and others can't find it, the child is with me, can I sentence him to a few years, and what kind of legal punishment will be the heaviest? ：

1) In this case, it is unlikely that he will be "sentenced to several years" and does not constitute a criminal case.

2) You are a good mother, support you, the child is your own, don't let the child suffer. As for him, you can now go to the court to sue for a change of custody on the grounds that he is missing, or you can sue for alimony from him, and if his property can still be found, the court can also make a default judgment and apply for the execution of the auction of his property to pay; If he does not have property now, he can sue for maintenance when he is found in the future. Best wishes!

1. Mere failure to pay alimony does not constitute a criminal offense.

2. "The child is sentenced to be raised by him, and others cannot find it, and the child is with me" does not constitute a crime. The heaviest penalty is judicial detention or a fine imposed by the court.

It is a civil case that does not constitute criminal liability, and it is recommended to file a lawsuit with the court to request a change of custody and at the same time claim child support.

1.If you don't pay child support, you can go to court and sue him for child support.

2. Out of concern for the child's health, you can sue the court to take custody of the child.

No, although the act is abandonment, it does not constitute a crime because it does not cause serious consequences.

1. If you don't pay child support, you can sue him to pay, and you can't arrest him and go to jail.

Use legal means to enforce it, husband and wife, don't do it so absolutely. After all, it is the father of the child, and it is impossible to go to jail, just to enforce issues such as child support.

This should be civil and not criminal. You can calculate the maintenance fee and apply to the court for enforcement, because you are afraid that the enforcement period (two years) will be over, and you will not be able to enforce it.

If he wants to be held criminally responsible, it depends on whether he has abandoned or abused him, and it is a criminal private prosecution case.

Such a person is not worthy of being a father, which does not cause serious consequences and does not constitute a criminal offense. You can keep an eye out for him at any time, and as soon as you hear from him, you will go to court and apply for enforcement of his property.

It is better to ask for others than for yourself, life must go on, I wish you happiness!

It is impossible to turn it into a Xing Shi case, because you have to have evidence of abandonment or abuse by the other party, at most, Xing Shi detention