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What does it mean that the woman does not sign a maintenance agreement? That's because the two parties are divorced, and the divorce agreement between you is not negotiable, so the woman doesn't sign the agreement, and Ying's custody agreement means that he doesn't agree to raise the child.
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If the female prisoner does not have a shallow maintenance agreement, then it means that he does not want to bear the obligation of support, and you can sue him.
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If the woman doesn't sign a maintenance agreement, she doesn't want to raise her, so in this case, she can only go to the court to sue.
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The woman doesn't like the maintenance agreement, is it because he doesn't want to admit the burden, so if he can't do it, he will go through the legal process.
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It is not right for the woman not to sign a maintenance agreement, if the child is his, he should be responsible for raising him, and you can go to court to sue him.
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The girl also has his freedom, so he doesn't want to sign this agreement, which you can solve through the normal legal process.
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The maintenance of a child is a legal obligation of a parent who is able to support a child, which cannot be waived by agreement, and any agreement that exempts the statutory obligation to support the child is null and void. Even if an agreement is signed to exempt the parents from the obligation to support them, it does not prevent them from demanding reasonable maintenance from their parents when necessary. However, it is necessary to sue in the name of the child.
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It means that he doesn't want to be responsible, and it means that he doesn't want to pay child support.
Maybe he didn't want to pay, so he didn't sign the agreement.
I guess I don't want to be responsible.
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Failure to perform the maintenance obligation as agreed in the divorce agreement: The parties may negotiate and handle the relevant matters such as the performance of the support obligation again. If the negotiation fails, the person who is promoted may file a lawsuit on this basis, and the petitioner will quarrel with the old people's court to change the custody rights in accordance with the law.
[Legal basis].Article 56 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.
In any of the following circumstances, where one of the parents requests a change in the child support relationship, the people's court shall support it:
1) The parent living with the child is unable to continue to raise the child due to serious illness or disability;
2) The party living with the child does not fulfill the obligation to support the child or abuses the child, or the living with the child has a truly adverse impact on the child's physical and mental health;
3) A child who has reached the age of 8 and is willing to live with another parent who has the ability to support him;
4) There are other legitimate reasons for the loss that need to be changed.
Article 57.
Where both parents agree to modify the child support relationship, the people's court shall support it.
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Yes, even if the maintenance agreement is signed privately, as long as it is signed voluntarily by mutual consent, it is legally valid. The maintenance agreement is not only an agreement on the rights and obligations of both parties to the agreement, but also directly affects the right of minor children to enjoy parental support. Therefore, a maintenance agreement is invalid if it violates the custody rights of the minor child and the parents wish to use this agreement to evade the obligation to support the minor child.
Article 1085 of the Civil Code of the People's Republic of China: Where children are directly raised by one party after divorce, the other party shall bear part or all of the child support. The amount of the cost borne by the wild reed 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 reasonable demands to any of the parents in excess of the original amount of the agreement or judgment when necessary.
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The woman's behavior is obviously not fulfilling the court's judgment, and the other party can apply to the court for enforcement.
1. How can the divorced woman sue for return if she does not pay child support.
If the divorced woman does not pay child support, the man may sue the court, and in the case of divorce by agreement, he may sue the court to require the other party to perform the content of the agreement; In the case of divorce by litigation, if the court makes a judgment on the standard of alimony, and the woman's refusal to pay alimony is a non-performance of the court judgment, the man can directly apply to the court for enforcement. The law stipulates that if one party has no economic income, his or her property may be used to offset the corresponding maintenance expenses.
2. What should I do if the woman does not pay child support after the divorce?
After the divorce, the woman does not pay child support, and the man can file a lawsuit with the court to demand that the other party pay child support. If the divorce is filed and the court has already awarded alimony, the husband can directly apply to the court to enforce alimony. After the 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.
3. What should I do if the woman does not take alimony after the divorce.
If the woman does not take alimony after the divorce, the two parties can negotiate first, and if the negotiation fails, the court will make a judgment. The law stipulates that if parents fail to fulfill their obligation to support them, minor children or adult children who are unable to live independently have the right to demand that their parents pay child support. If one party refuses to perform the obligation without a valid reason, the supporting party may apply to the court for enforcement.
Where one of the parents has no economic income or whose whereabouts are unknown, their property may be used to offset child support.
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 a 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 demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.
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If the custody belongs to the man but the woman takes it, and wants to get the custody back: 1. Filing a lawsuit with the people's court; 2. The parents of the child can negotiate, and after reaching an agreement, the custody of the child can be changed. In any of the following circumstances, one party's request to change the child support relationship shall be supported.
1) The parent living with the child is unable to continue to raise the child due to serious illness or disability; (2) The party living with the child does not fulfill the obligation to support the child or abuses the child, or the party living with the child has a negative impact on the child's physical and mental health; (3) Minor children over the age of eight who are willing to live with another party and who has the ability to support them; (4) There is a legitimate reason for him to change the omen.
Article 56 of the Supreme People's Court's Interpretation of the Civil Code of the People's Republic of China on Marriage and Family (1) In any of the following circumstances, where one of the parents requests a change in the child's custody relationship, the people's court shall support it: (1) The party living with the child is unable to continue to raise the child due to serious illness or disability; 2) The party living with the child does not fulfill the obligation to support the child or abuses the child, or the living with the child has a truly adverse impact on the child's physical and mental health; 3) A child who has reached the age of 8 and is willing to live with another parent who has the ability to support him; (4) There are other legitimate reasons for the change.
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If a divorce agreement is signed and Song Yuan is not given child support, the party directly supporting the other party may bring evidence of the other party's refusal to pay child support and sue the people of the defendant's domicile in the name of the children. If, after the court makes a judgment, the party who does not directly support the party still does not pay child support, the party directly supporting it may also apply to the people's court for compulsory enforcement in accordance with the effective judgment; The people's court may compel the respondent to perform the obligation to pay maintenance by sealing, seizing, freezing, or selling the respondent's property.
Civil Code of the People's Republic of China
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 when necessary to exceed the amount originally set forth in the agreement or judgment.
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