-
Anonymous users2024-02-11Of course not, he is obliged to pay alimony, he was not born to him at the beginning, we are in a similar situation, sympathize with you and decide to leave don't worry about anything, for the child to use the law to maintain, what lawyer Ah look for another one, I don't believe that the court opened his family, as long as he has the ability to pay, he must give, this kind of man must not die well.
-
Anonymous users2024-02-10You first go to the court to sue for divorce, and make it clear in the divorce petition that: first, ask for a divorce from the other party, and second, ask for child support and order the other party to pay child support. If you don't have a divorce agreement to sign, but the divorce relationship is not dissolved, even if you sign this agreement, it doesn't make sense.
-
Anonymous users2024-02-09I don't use legal language to tell you your question in the vernacular, that is, if you want to divorce now, he can agree, but in the future, you will raise your son alone, that is to say, whether you and your son are dead or alive in the future, it has nothing to do with him, but if you raise your son, your son makes money and makes a fortune, and your son is obliged to give money to Lao Tzu to spend, if not, he has the right to go to court to sue his son. Look, you should understand that. I hope you can live a life of peace of mind.
-
Anonymous users2024-02-08It is recommended that you do not enter into such an agreement. If he is the father of the child, he should be obliged to pay maintenance. Why would you want to give up?
Lawyer Ren Mingxiao.
-
Anonymous users2024-02-07If both parties have a true expression of intent, they can dispose of the alimony, claim alimony, or waive alimony.
-
Anonymous users2024-02-06Legal Analysis:1If it is voluntarily signed by the parties, it is valid.
2.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 of the increase shall be agreed by both parties; If the agreement is not reached, the people's court shall make a judgment.
Therefore, if both parties have reached an agreement on the issue of child support, then the agreement is valid. However, 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.
Legal basis: "Civil Code of the People's Republic of China" Article 143 A civil juristic act that meets the following conditions is valid: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
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 request to either parent for a promotion or judgment in excess of the amount originally set in the agreement or judgment when necessary.
-
Anonymous users2024-02-05The husband and wife may agree not to directly raise the children under the circumstance that the intention is true and does not affect the healthy growth of the children, and the party will not pay child support.
However, if the agreement between the two parties falls under any of the following circumstances, it shall be invalid:
1.One party is a person with no or limited capacity for civil conduct;
2.There is fraud, coercion, etc., when the agreement is signed, and the agreement is made under the condition that the expression of intent is not true;
3.The agreement is not conducive to the healthy growth of the child or violates laws and regulations, public order and good customs, etc.
Legal basis] Article 52 of the Supreme People's Court's Interpretation (I) on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China provides that both parents may agree that one party shall directly raise the child, and the direct custodial party shall bear all child support. However, if the ability of the direct custodial party to raise the child is obviously unable to guarantee the child's necessary expenses and affects the child's healthy growth, the people's court will not support Senhui.
-
Anonymous users2024-02-04A voluntary agreement between parents to waive alimony is valid. However, children may still claim maintenance from their parents if necessary.
For example, the original amount of alimony is not enough to maintain the actual living standard of the local area, the child is sick, goes to school, and the actual needs have exceeded the original amount, and other legitimate reasons.
Legal basis] Article 58 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China: In any of the following circumstances, where a child requests an increase in the maintenance fee of the parent who can afford it, the people's court shall support it:
1) The amount of alimony originally set is not sufficient to maintain the actual standard of living in the locality;
2) Due to the illness of the children and the attendance of the school, the actual needs of Changji have exceeded the original amount;
3) There are other legitimate reasons for the increase.
-
Anonymous users2024-02-03The waiver of alimony agreement is valid. However, if the direct supporter of the sail shed waives the child support, it must be agreed upon by both parties, and the direct supporter's ability to support the child is obviously able to guarantee the child's expenses and does not affect the healthy growth of the child.
[Legal basis].Article 51 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.
Where one of the parents has no economic income or whose whereabouts are unknown, their property may be used to offset child support.
Article 52.
Both parents may agree that one parent will have direct custody of the child and that the parent with direct custody will bear all child support. However, where the ability of the direct custodial party to support the child is clearly unable to guarantee the child's necessary expenses, and affects the child's healthy and filial piety growth, the people's court will support it if it is not prudent.
Measures for the Administration of the Collection of Social Maintenance Fees". >>>More
1. If the birth behavior of the party occurs in his current place of residence, the family planning administrative department of the people's ** at the county level of the current place of residence shall make a decision on expropriation in accordance with the collection standards of the current place of residence; 2. If the birth behavior of the parties occurs in the place of their household registration, the people's family planning administrative department at the county level where the household registration is located shall make a decision on expropriation in accordance with the collection standards of the place of household registration; 3. When the person's birth behavior occurs, the county-level people's ** family planning administrative department at the place of his current residence or household registration is discovered at the end, and then the county-level people's ** family planning administrative department that first discovers his childbearing behavior shall make a collection decision in accordance with the local collection standards. Where a party has already been levied social maintenance fees in one place, social maintenance fees are not levied again in another place for the same facts.
1. What is the new policy on social maintenance fees?
If the social maintenance fee is calculated according to the fact that both husband and wife in the provincial capital city have an urban household registration and have more than one child, and the husband and wife are calculated separately, after the collection standard is unified, many provinces will drop significantly. For example, in Beijing, the annual per capita disposable income of urban residents in 2013 was 40,321 yuan, and the current levy standard is 3 to 10 times, and the husband and wife will be levied at a minimum of 10,000 yuan and up to 10,000 yuan, and if the actual income is higher than the average level, it will be levied at 3 to 10 times the actual income as the base. According to the unified standard, the maximum levy amount shall not exceed 10,000 yuan. >>>More
In the divorce agreement, the child support shall be specified by the husband and the woman shall pay the woman and the man on a monthly, quarterly or regular basis from X/X/X/X, and then the amount of living expenses, education expenses, medical expenses, and the specific time and method of payment of child support may be specified. >>>More
Hello, mine below;
1. According to the provisions of the Marriage Law, both husband and wife have the obligation and responsibility to raise children regardless of whether they are divorced, during marriage or separated. >>>More