What to do if the alimony requested by the ex wife is too high

There is no causal relationship between the adult's fault and the cost of raising the child. Fault is a matter of affection between the husband and wife, while the upbringing of children is a matter of the obligation of support between parents and children. Therefore, it is wrong for one party to claim that the other party is at fault and therefore has not paid child support and violates the law.

As for how to deal with it, it is recommended that both parties coordinate the handling in accordance with the principle of conducive to the growth of the children. If the negotiation fails, if either party does not bear the obligation to support the child, the other party has the right to file a lawsuit with the court, and the court will deal with it in accordance with the law.

I remember it in the marriage law! If the party at fault is sentenced by law, half or all of the property will be compensated to the innocent party! Of course, these are the money you earned after you get married, or the joint property.

As for custody, the court is based on the age of the child, generally under the age of 3, it is awarded to the woman, over the age of 3, it will be awarded to the party with more favorable conditions, if the child is over 10 years old, the court will be based on the child's wishes. The standard of child support, if there is a fixed income, the child support is generally paid at 20 to 30% of the fixed income; If there is no fixed income, the court shall make a comprehensive determination based on the child's actual expenses, the local standard of living, and the economic situation of both parties.

You don't have to pay the full amount of child support, even if you are the party at fault! Of course, this is only a legal limit, and in terms of personal morality, I still think that those who can work harder.

Legal analysis: If Bei Song refuses to pay child support, he can sue the court. In accordance with the laws of our country, the people's courts shall enforce the judgment or ruling on alimony, child support, alimony, division of property, inheritance, or visitation of children in accordance with law.

Relevant individuals and units shall be responsible for assisting in implementation.

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. 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 the slag 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.

Article 1086:After a 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 visit in accordance with law; Visits shall be resumed after the reason for the suspension has disappeared.

You can negotiate with her first, and if the negotiation fails, you can directly sue the court, and if there is already a judgment, you can apply to the court for enforcement.

First, the two parties negotiate that after the divorce, the party who does not have children should give a certain amount of child support, and the ex-wife is unwilling to pay, she can negotiate with her.

Second, file a lawsuit in court. Article 21 of China's Marriage Law stipulates: "When parents fail to fulfill their obligation to support them, children who are minors or who cannot live independently have the right to demand that their parents pay child support.

child support", including expenses such as children's living expenses, education expenses, medical expenses, etc.

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. 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. If there is no fixed income, the amount of child support 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.

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

Third, if there is already a judgment, it can directly apply to the court for compulsory enforcement. If the ex-wife does not perform the obligation to raise the child, the situation may be reported to the court of first instance, and the court of first instance will educate and warn the party who does not enforce the judgment, and urge the party to fulfill the obligation to raise the child. If the ex-husband still does not listen to advice, does not receive education, and refuses to enforce the judgment, according to the provisions of the Marriage Law, one of the parties may apply to the court of first instance for compulsory enforcement.

When the court enters the compulsory procedure, it is generally necessary for the parties to apply to the court. According to Article 19 of the Provisions on Enforcement Work, legal documents and civil sanction decisions that have the content of alimony, child support, or child support that have already become legally effective may be transferred by the trial court to the enforcement agency for enforcement. That is to say, effective legal documents with alimony, child support, and child support expenses can also be directly entered into the compulsory enforcement process by the court ex officio without application.

If one party fails to perform the alimony in the divorce agreement, he or she can sue the court in the name of the child and ask for legal support.

1. What should be met by the ex-wife's request for increased child support?

Based on the parents' legal obligation to support their children and the principle that the amount of maintenance is conducive to the healthy growth of the children, the children have the right to request the parents to increase the maintenance fees when the amount determined in the original divorce agreement or divorce judgment is clearly insufficient. To this end, article 37, paragraph 2, of the Marriage Act provides that a child may, if necessary, make a claim from either of the parents for a reasonable demand in excess of the amount originally set in the agreement or judgment. There are two common situations in which a child requests an increase in child support:

1) With the increase in prices and the improvement of economic living standards, the original amount of support has been difficult to meet the actual needs in a few years, and it is impossible to maintain the actual living standards of the local people;

2) The child's expenses for schooling, illness, etc., have exceeded the original amount;

3) There are other legitimate reasons that should be added.

2. How to increase child support.

1. By agreement between the parents.

Where parents reach a clear and specific agreement on issues related to child support through equal and voluntary consultation, and do not harm the lawful rights and interests of the child, it shall be permitted. However, the agreement shall be conducive to the healthy growth of the children and shall not harm the legitimate rights and interests of the children. In order to prevent both parents from harming the interests of the children, the marriage registration authority or the people's court shall carefully conduct a review based on the economic status, ability, needs of the children, local living standards, education standards, etc., and if the agreement is unfavorable to the children, it should not be allowed.

2. The judgment of the people's court.

If the parties fail to reach an agreement, or if the agreement is not approved, the people's court shall make a judgment in accordance with law on the basis of the actual needs of the children, the affordability of both parents, and the actual living standards of the locality, proceeding from the protection of the children's lawful rights and interests and the healthy growth of the children.

Generally, parents' obligation to support their minor children is statutory, so parents often pay child support until the child reaches the age of 18. If the child reaches adulthood, although he does not have the ability to live independently, and needs his parents to continue to raise him, but the father and maid Duan Xingmu no longer have the ability to support them, in this case, the parents cannot be forced to continue to raise the child. According to the provisions of the law, there are two main ways to increase child support, including the increase in the agreement of the parties and the increase in the court judgment.

[Legal basis].

Article 58 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section: In any of the following circumstances, where a child requests an increase in child support from a parent who can afford it, the people's court shall support it: (1) the original amount of child support is not sufficient to maintain the actual local livelihood; (2) Due to the child's illness or schooling, the actual needs have exceeded the original amount; (3) There are other legitimate reasons that should be added.

After the divorce, if the parent who does not raise the child does not pay child support, the other party can claim maintenance in the following ways: (1) Settlement through negotiation. The payment of child support is best settled by negotiation between the spouses.

The content of the negotiation mainly includes how much alimony the other party needs to pay, when to pay, and how to pay it. (2) Settlement of prosecution. If the spouses cannot resolve the matter through negotiation, then they can file a lawsuit with the court.

Based on the financial situation of both parties, the local standard of living and other factors, the court will determine the amount of alimony that is most beneficial to the child's growth, and make a judgment on the time and method of payment of alimony. (3) Application for compulsory enforcement. When one spouse does not comply with the court's judgment on the payment of child support after divorce, the other spouse can apply to the court to enforce it.

[Legal basis].

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 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 shall not prevent the child from making a reasonable request to either parent to eliminate the amount originally set in the agreement or judgment when necessary.