Divorce without a marriage certificate and child support?

I'll ask you these three questions, which are a bit unpleasant, but don't be angry.

First, you are not a man at all, you don't want to think about why she goes out to work, isn't it because you don't have the ability to support this family, if you can earn back the money, can she go out to work, and you ask her what kind of child support she wants, the big girl has given you everything, and she will give birth to your seed, you don't steal the fun, and you still have the face.

Second, you will be relieved, you are not protected by the law if you do not get a marriage certificate, and the law will not put you in jail if you remarry.

Third, the child's scalp has been burned and needs to have a hair transplant plastic surgery, from the point of view of the problem, you did not take good care of the child, the child's scalp was burned, she did not blame you, it is enough, and the plastic surgery fee is required. I think your wife is still a good woman, or she wouldn't come back to see the children. Take you back as a mother-in-law, this is your best policy.

It is not registered, it is a cohabitation relationship, and the child born is illegitimacy.

If you only want to dissolve the cohabitation relationship, it can only be negotiated by the parties themselves, and the court will not accept it.

If there is no agreement on the ownership of the custody of the children, the division of the joint property, and the sharing of the joint debts, a civil lawsuit can be filed in the local basic court.

When the court adjudicates the case, the method of divorce is followed.

Joint property and joint debts, unless there is a special reason, are generally half of one person.

The ownership of child custody may be negotiated by the parties themselves, or if they are unwilling to negotiate, or if the negotiation fails, the court will make a judgment.

The principles of the judgment are as follows:

Breastfeeding babies (under one year of age) are to be returned to the woman.

Infants under the age of two years are generally awarded to the woman.

Children over the age of two are judged in accordance with the principle that it is conducive to the development of the child.

The parent who does not directly raise the child pays child support.

Child support includes living expenses, education expenses, and medical expenses.

If the party who does not directly raise the child refuses to pay child support, the party who directly raises the child can sue the other party in his own name, or he or she can sue the other party in the name of the child, and if the other party refuses to enforce it, he or she can apply to the court for enforcement.

The cost of medical care for your child's injury should be shared by both parties, usually half of the child's expenses.

Nonsense, you tell her. Can I have children alone??.

Children born without a marriage certificate are considered illegitimate children, but the law stipulates that illegitimate children and legitimate children have the same rights, so the maintenance of illegitimate children shall be handled in accordance with the provisions on legitimate children, and children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, the parents may negotiate to determine the child's upbringing, and if no agreement is reached, 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. If a child who has reached the age of eight is too high, his true wishes shall be respected.

Article 1084 of the Civil Code of the People's Republic of China: The relationship between parents and children is not 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. Where the parents of a child who has reached the age of two cannot 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 that it is most advantageous for the minor child to be concealed. Where children have reached the age of 8, their true wishes shall be respected.

The absence of a marriage certificate means that the man and woman may be in a de facto marriage or cohabitation relationship at this time, and do not have the legal effect of marriage, and can be arbitrarily dissolved at any time, and there is no divorce problem. Property disputes and child support issues can be handled through negotiation, and if the negotiation fails, they can file a lawsuit in court.

This is generally decided on the basis of the principle of "conducive to the healthy growth of children".

Children under the age of one or two are generally awarded to the woman. Unless the parent parent has any of the following:

1.The mother suffers from an incurable infectious disease or other serious illness (e.g. cancer) and the child is not suitable to live with her;

2.The mother has the conditions to support the child and does not fulfill the obligation to support the child (referring to the abandonment or abuse of the child), and the father requires the child to live with him;

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

2. For children over the age of two, priority will be given to the party with better conditions to raise the child.

3. For children over the age of two years, both the father and the mother are required to live with them, and the main considerations are: economic status, personal quality, living environment, sense of responsibility to the children, and emotional intimacy with the children.

4. Where disputes arise over the age of 8 over where a minor child lives with his or her father or mother, the opinions of the child himself shall be considered.

(5) Both parents may agree to take turns raising the child, either on the basis of a voluntary maintenance agreement between the parties or with the participation of the court.

Article 1084 of the Civil Code stipulates that after divorce, children under the age of two shall be directly raised 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.

Children born out of wedlock are to be raised by both of the child's biological parents, or by one party, and custody rights may be negotiated by both parties, and an agreement is reached in accordance with the agreement; If the negotiation fails, they may file a lawsuit with the people's court and request a judgment from the people's court, and the people's court will make a judgment on the basis of the principle of the best interests of the minor child and the specific circumstances of both parties.

Divorce generally results in the loss of custody of one of the spouses. The parent who loses custody will lose the right to live with the child. However, the parent who loses custody will still have visitation rights and can visit the child regularly during the agreed or adjudicated time and spend relatively briefly with the child.

Legal basis: Article 1071 of the Civil Code of the People's Republic of China.

Children born out of wedlock enjoy the same rights as children born in wedlock, and must not be harmed or discriminated against by any organization or individual.

A biological father or mother who does not directly raise a child born out of wedlock shall bear the maintenance of the minor child or an adult child who is unable to live independently.

Article 1058.

Husband and wife equally enjoy the right to raise, educate and protect their minor children, and jointly bear the obligation to raise, educate and protect their minor children.

1. How to pay child support for illegitimate children.

It is possible to sue the court for the parents to pay child support.

Children born out of wedlock enjoy the same rights as children born in wedlock, and must not be harmed or discriminated against by any organization or individual. A biological father or mother who does not directly raise a child born out of wedlock shall bear the maintenance of the minor child or an adult child who is unable to live independently.

Legal basis: Interpretation (1) of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China

Article 49 The amount of child support may be determined on the basis of the actual needs of the children, the affordability of both parents, and the actual living standards of the locality.

For those with a fixed income, maintenance can generally be paid at the rate of 20 to 30 percent of their total monthly income. Where two or more child support expenses are paid, 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 maintenance 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.

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

If you break up without a marriage certificate, the determination of child custody is no different from the determination of ordinary divorce custody. Without a marriage certificate is cohabitation or illegal cohabitation, separation is not called divorce, it is a breakup after cohabitation. The custody of the children is to be agreed upon by the parties through negotiation, and if the two parties fail to reach an agreement through negotiation, the court may make a judgment on the basis of the principle of the best fit for the healthy growth of the children.

Whether it is a divorce between a husband and wife, or a couple living together and breaking up, there is no essential difference when it comes to child support. In this regard, the direct legal provision is Article 1084, Paragraph 3 of the Civil Code: "After divorce, children under the age of two years shall be raised directly by the mother.

For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the court shall, on the basis of the specific circumstances of both parties, make a judgment in accordance with the principle of the best interests of the minor child. Where a blind woman is already 8 years old, her true wishes shall be respected. "Although child custody is a right of parents to their children, no matter how parents fight for custody of their children, children are not accessories of parents, and it is conducive to the physical and mental health of children and protects the legitimate rights and interests of children is the starting point for the court to consider the ownership of child custody, are inseparable from the core principle of "the best interests of the child".

This principle, which runs through child custody throughout the process, determines all other principles.

Therefore, in the case of divorce or cohabitation and breakup, the custody of children shall be based on Article 1084 of the Civil Code, which stipulates that "children under the age of two shall be directly raised by the mother in principle", and "for children who have reached the age of two years, if the parents fail to reach an agreement on the issue of custody, the court shall make a judgment in accordance with the principle of the best interests of the minor children according to the specific circumstances of both parties." Where children have reached the age of 8, their true wishes shall be respected. ”。

The core principle is that it is in the best interest of the minor child to obtain custody.

If you don't have a marriage certificate, then you are not husband and wife, you don't need to go through the divorce, custody of the child, whose conditions are favorable to the child, the child will be awarded to whom.