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To fight for custody in the event of divorce, the following conditions are required:1The materials that prove the economic ability of both husband and wife, such as salary slips, tax payment certificates, bank deposit slips, property rights certificates, etc., can provide a good living and learning environment for the children, which is very beneficial to the fight for child custody.
2.Materials proving the comprehensive quality of both husband and wife, the moral character, interpersonal relationship, education level, values and other characteristics of the caregiver will have a great impact on the character of the minor child, and provide some evidence to show their own quality as much as possible, such as academic degree certificates, various honors obtained, proof of participation in volunteer work and blood donation activities, etc. 3.
On the one hand, the materials proving the child's raising environment are, on the one hand, the living situation, such as one party's real estate with a good degree and a mature living community, which is more conducive to the child's life and schooling, and the chance of obtaining custody is greater; On the other hand, there is the situation of family members, the pace of urban life is fast, and in many cases, it is often the grandparents and maternal grandparents of the children who really take care of the children, especially for preschool children, and the healthy elderly are willing to take care of the children, which will be more beneficial to the fight for custody. 4.Children's opinions.
When dealing with custody issues, the court will carefully listen to the opinions of children over the age of 10, and it is particularly important to form an intimate relationship with the children in their daily life and win the wishes of the children. These are just some of the key factors in fighting for custody, and the specifics still need to be judged on a case-by-case basis. Divorce lawyers will find Guanling Law Firm.
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The husband will be recovered from the husband until the child is 18 years old, according to the monthly maintenance agreed by both parties at the time of divorce.
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Urging or prosecuting. After the divorce has not been paid alimony for many years, it should be promptly urged, but still not paid, and after the court has filed a lawsuit, the other party shall bear part or all of the necessary living expenses and education expenses, and the amount of alimony shall be determined by both parties through consultation, but if the two parties fail to reach an agreement through negotiation, the people's court shall make a judgment, but even if it has been determined by the court, if there is a change of circumstances, the child can still claim alimony in excess of the agreement.
Article 1084 of the Civil Code The relationship between parents and children shall not be 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. For children who have reached the age of two, and the parents fail to 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 of the best interests of the minor child. 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 request to either parent of the Songyuan Belt in excess of the original amount of the agreement or judgment when necessary.
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The method of dealing with the failure of the parent who does not directly raise the child for many years is as follows:
1. If the parties agree to divorce, and the party who does not directly raise the children does not pay child support, the other party may file a lawsuit with the people's court, and use the original agreement as evidence to request the court to order the other party to perform its due obligations.
2. If the two parties file for divorce, if one party does not enforce the alimony due to the court judgment, the other party may directly apply to the people's court for compulsory enforcement.
Article 1085 of the Civil Code provides that 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 and the length of the period shall be discussed 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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Legal analysis: A lawsuit can be filed with the people's court, and the amount of child support can be determined according to the actual needs of the children, the affordability of the parents and the actual living standards of the local area.
Legal basis: Civil Code of the People's Republic of China Article 1067 Where parents do not perform 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 perform or support their adult children, lack the ability to work, or who are living in hardship or hardship, have the right to demand maintenance from their adult children.
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Legal analysis: A lawsuit may be filed with the people's court, and the amount of child support can be determined according to the actual needs of the children, the affordability of both parents and the actual living standards of the locality.
Legal basis: Article 1067 of the Civil Code of the People's Republic of China: Where parents do not perform their obligation to support and respect the destruction of their parents, adult children who have not been assigned or are unable to live independently, they have the right to demand that their parents pay child support.
Parents who fail to perform their maintenance obligations, or who lack the ability to work or who have difficulties in living, have the right to request that the draft be revised to refer to the payment of alimony to adult children.
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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
If the child follows the mother, the father should pay monthly or annual child support until the child reaches adulthood, and similarly, if the child follows the man, the woman will pay child support until the child reaches adulthood. 1. Content of alimony: Article 21 of the Interpretation (1) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates: >>>More
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. >>>More