The issue of living expenses in divorce, how to calculate living expenses in divorce

What to do? Cold! The woman and the old man are not married, and the landlord said that "the woman had an affair with ten old men within a year after the divorce by agreement", and the woman has no right to ask the old man for living expenses.

And she has children, and they are not the old man's own... There are too many reasons to refuse to give living expenses in law! Also, Is a woman's original husband still alive?

If so, the elderly can refuse to pay living expenses; Also, Do a woman's children have adults? If so, there is no reason to ask the elderly for living expenses!!

Question adds": I am from the second floor, the landlord, you don't have to provide the information of the old man, didn't I say, the old man and the woman are not married couples, they are both second marriages, don't you know what is a married couple? Therefore, there is no legal issue of alimony after divorce.

Did she and the old man just live together? Whether you are married or not, according to what you said, it seems that there is no marriage certificate, and my country's civil law only protects legal marriages, and does not protect de facto marriages living together. So this old man can just say in court that he has no relationship with the other party!

At the same time, you can also file a counterclaim to demand that the woman pay for the accommodation and food expenses of living with him!

You don't have to give a penny, and you don't have to go **.

What living expenses do you need after divorce, it is not legal.

Legal analysis: 1. The expenses of both parties before the divorce belong to the common living expenses of the husband and wife, and are no longer calculated as bad property. 2. If the husband and wife divorce, the property at the time of divorce shall be used as the property of the property that needs to be divided.

If it has been incurred before the divorce, it is a joint expenditure during the period when the husband and wife live together, and it is no longer counted as a division. 3. Of course, if the debts incurred by the husband and wife before the divorce due to expenses should be the joint debts of the husband and wife, and these debts should be divided according to law at the time of divorce, and it should be determined who is responsible for repaying and how much.

Legal basis: Article 1079 of the Civil Code of the People's Republic of China: People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and the mediation fails, the divorce shall be granted.

Legal analysis: Divorce living expenses generally refer to the maintenance that parents should pay, and the standards are as follows: 1. Those who have a fixed income.

According to the proportion of 20 30% of the total monthly income, for first-tier cities such as Beijing, Shanghai, Guangzhou, and Shenzhen, the specific amount is in principle at 800 yuan per month. Where two or more child support is payable, the proportion may be appropriately increased, but generally must not exceed 50% of the total monthly income. Second, for high-income people.

According to the above proportion, if it is higher than the above range, it can break through the above range, and if there are no special circumstances, it generally does not exceed 3,000 yuan per month. 3. For low-income people. If the above proportion is calculated to be lower than the above-mentioned range, if there are more other assets, a judgment may be made according to the above-mentioned range instead of the above-mentioned proportion, so as to protect the lawful rights and interests of the children; If there is not much or no property, the judgment may be lower than the above range in light of the ability of the guardian to support him, so as to ensure the minimum standard of living of the child.

Fourth, for those who have no income. They can use their belongings to offset child support. If they are able to work, they should in principle pay child support, because it is the duty of parents to raise their children, and they cannot be exempted from their obligations because of temporary lack of income, and the minimum standard of living of the children should be guaranteed.

5. In special circumstances such as the child's serious illness or studying abroad (subject to the consent of both parties), the judgment may exceed the above range.

Legal 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 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.

Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1) Article 42 The term "child support" as used in Article 1067 of the Civil Code includes expenses such as children's living expenses, education expenses, and medical expenses.

Legal Analysis:1For those with a fixed income, child support can generally be paid at the rate of 20%-30% 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% of the total monthly income;

2.If there is no fixed income, the amount of child support allowance may be determined on the basis of the total income of the year or the average income of the same industry, with reference to the above proportions;

3.If there are special circumstances, the above proportion may be appropriately increased or decreased;

4.In addition to the standard of salary income ratio, the actual needs of the child, the financial income capacity of both parents and the actual living standard of the local area should also be considered.

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' expression of intent 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 initiate divorce proceedings in 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.