On the division of debts in divorce and the custody of children

When the husband and wife divorce, the debts and debts are shared, the house in his old man's name does not belong to your sister and your brother-in-law, the law is to protect women and children, as long as your sister proposes to raise the child, there is generally no problem, the court will support it, and the other is that your brother-in-law is a drug addict, which is not conducive to the future education and growth of the child, so it is more certain that the child will be awarded to your sister. But you must have evidence of your brother-in-law's drug use, and the law speaks of evidence.

A child under the age of three should be brought up by the mother, unless the mother voluntarily renounces support or is unable to do so.

Before the age of 2, the unconditional mother raised, after the age of two, according to your statement, the child must be yours, but it is better to have witness evidence or the like, don't say anything about drug use, your brother-in-law will have no fun.

Hello:1 But don't know what to do about debt?

20,000 yuan is a joint debt of husband and wife; Of the remaining 60,000 yuan, aside from the cost of drug abuse, the remaining is also a joint debt of the husband and wife.

2 Also, if it is not beneficial for the child to be raised by my brother-in-law's family, who should the child belong to in this case?

to your sister. 3 Your sister can ask the other party to pay child support.

Your sister can sue for divorce from your brother-in-law.

Lawyer Xu Wei.

1. The debts owed by your brother-in-law for drug abuse should be borne by him alone.

2. If you can prove that your brother-in-law is taking drugs, it will be helpful for your sister to fight for child custody. Originally, the child was breastfeeding, and it should have been sentenced to your sister. But the other party did not agree to the divorce when your sister sued for the first time, and after the second lawsuit, the child passed the lactation period, so he asked to collect evidence of your brother-in-law's drug use.

Details can be consulted.

Beijing Marriage and Family Lawyer.

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. For children who have reached the age of two and are hungry, 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.

1. The child is less than two years old.

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

1. Suffering from incurable infectious diseases or other serious diseases, and the child is not suitable to live with them;

2. The father requires the child to live with him;

3. For other reasons, the child is indeed unable to live with the mother.

2. The child is over two years old. For children over the age of two years, both the father and the mother are required 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 him for a long time, and changing the living environment is obviously not conducive 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, which is beneficial to the child's growth, and 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.

5. If a child has lived alone with his or her grandparents for many years, and the grandparents request and have 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.

The above is your question, I hope it helps you.

Legal basis: Article 1084 of the Civil Code states that the relationship between parents and children shall not be extinguished by the divorce of 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.

There is no conflict between joint debts and alimony after divorce; 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 shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

[Legal basis].

Article 1067 of the Civil Code of the People's Republic of China.

If the parents do not fulfill the obligation to support them, the minor children or adult children who are unable to live independently have the right to demand that the parents pay child support.

If the adult child fails to fulfill the maintenance obligation, the parents who lack the ability to work or who have difficulties in living have the right to demand maintenance from the adult child.

Article 1085.

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 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 more than the amount originally set for the agreement or judgment when necessary.

You can see the following legal provisions.

Legal basis: Marriage Law of the People's Republic of China.

Article 36: The relationship between parents and children is not extinguished 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.

Article 37: After a 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.

An agreement or judgement concerning the maintenance and education of the child shall not prevent the child from making a reasonable demand to either parent, if necessary, in excess of the amount originally agreed upon in the agreement or judgment.

Article 38: After divorce, the parent who does not directly raise the children has the right to visit the children, and the other party has the obligation to assist.

The method and time for exercising visitation rights are to be agreed upon by the parties; If the agreement is not reached, the people's court shall make a judgment.

Where a parent's visit to a child is detrimental to the child's physical and psychological health, the people's court is to suspend the right to visit in accordance with law; When the reason for the suspension disappears, the right to visit shall be restored.

Article 39: At the time of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Article 40: Where husband and wife agree in writing that property acquired during the existence of the marital relationship shall belong to each other, and one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., they have the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.

Article 41: At the time of divorce, debts originally incurred by the husband and wife while living together shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned by each other, it shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment.

Article 42 At the time of divorce, if one party is in difficulty, the other party shall give appropriate assistance from his or her housing and other personal property. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

You can actively assert the custody of the child, usually the child before the age of two will have the woman as the guardian, and it is the legal obligation of parents to raise the child, so the man is obliged to pay child support. In general, the property and debts of the husband and wife are divided equally, and the debts are borne equally.

1. If no agreement can be reached on the issue of child support, it is generally handled according to the following methods: the child is only one year and four months old and is under two years old, and the child is given priority to the mother. The other party pays alimony at 20-30% of the regular income.

2. Where the property is negotiable, but if it cannot be negotiated, the personal property before marriage belongs to the individual, and the joint property after marriage is generally divided equally. Personal debts before marriage are borne by individuals, and debts are borne jointly after marriage.

Before the age of two, if the mother fights, custody of the child will be awarded to the mother, and the father will pay maintenance.

The money your husband borrows outside is usually a joint debt of the husband and wife, and you are also obliged to repay it.

Lawyer Zhou Chun.

The property acquired during the marriage is the joint property of the husband and wife, and the joint property and debts of the husband and wife are jointly owned and borne by the husband and wife, and are generally half of the same person. If one party is at fault, the division of property can be divided less or not at all, and the custody should be in accordance with the principle that the parent's support is beneficial to the child's growth. Children under the age of 2 are generally given to their mothers.

The parent who does not support the child should pay child support, which is generally 20-30% of the party's income.

Lawyer's professional answer:

First of all, the child, as long as you want, will generally be awarded to you, because the law stipulates that children under the age of two are generally awarded to the mother.

As for debts, whether you know them or not, as long as they don't borrow money to gamble or use it for their own cigarettes and drinks, as long as they are used for household expenses or investments, they are joint debts that you have to pay together.

As for property, it depends on whether your property is joint property or individual property, and to whom it is distinguished.

When the child is young, it is usually brought by the mother, and the father must give it.

Yes, there are generally no special circumstances that will be awarded to you, and he has the obligation to support him.