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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.
In general, child support is paid up to the age of 18. There are exceptions:
1) Parents who are over 16 years old but under 18 years old, whose main livelihood is their labor income, and who can maintain the general living standard of the locality, may stop paying child support.
2) In any of the following circumstances, if the parents have the ability to pay, the adult child who has not yet lived independently shall still bear the necessary childcare expenses:
1) Unable to work or not completely incapacitated, but their income is not enough to support their livelihood;
2) Those who are still in school;
3) There is no ability and conditions for independent living.
He refuses to pay child support, and you should sue the court. If one party refuses to perform alimony after a judgment by a people's court or an agreement reached through mediation by a people's court, the party raising the child may request the people's court to enforce the alimony in accordance with Article 48 of the "Marriage Law" on behalf of the minor child, that is, "The people's court shall enforce the judgment or ruling on alimony, child support, alimony, property division, inheritance, or visitation of children in accordance with law."
Relevant individuals and units shall be responsible for assisting in implementation. ”
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If you can support your children, you can raise them yourself, and you don't have to ask for that person! The child is also his own, and when the child grows up, he will understand who is the most important person to him! People are not afraid of anything, they are afraid of indebtedness to their conscience, especially their own relatives, which is more uncomfortable than a knife, so let those selfish guys pay for their yesterday!
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If the statute of limitations has expired, it is no longer possible to file a lawsuit in court, and the court will not accept it. Now the only way is to find the person concerned to discuss it and let him take the initiative to give you child support.
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Legal Analysis: If the husband refuses to pay, the woman can file a lawsuit or apply directly to the court for enforcement according to the divorce agreement. Regardless of which spouse will raise the child after the divorce, both spouses have the obligation to continue to raise and educate the child, and if the custody of the child is awarded to the woman, the man shall also bear the necessary living and education expenses for the child.
Legal basis: "Civil Code of the People's Republic of China" Article 37: Parents, children, spouses, and so forth who bear the guardian's child support, alimony, or maintenance expenses in accordance with law shall continue to perform their obligation to bear the burden after the people's court revokes their guardianship qualifications.
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Legal analysis: If the husband refuses to pay, the woman can sue or apply directly to the court for enforcement according to the divorce agreement. Regardless of which party raises the child after the divorce, both husband and wife have the obligation to continue to raise and educate the child, and if the custody of the child is awarded to the woman, the man should also bear the necessary living and education expenses of the child.
Legal basis: Civil Code of the People's Republic of China Article 37: Parents, children, spouses, and so forth who bear the child's support, maintenance, or alimony in accordance with the law shall continue to perform their obligations after the people's court has revoked their guardianship qualifications.
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Legal Analysis: Divorce does not dissolve the parent-child relationship. If one party refuses to pay child support and still refuses to pay it after filing a lawsuit, the people's court will enforce it in accordance with the law of rotation.
Legal basis: Article 1085 of the Civil Code of the People's Republic of China Article 1085 If a child is directly raised by one party after divorce, 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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The law does not clearly stipulate that as long as you think that you have exceeded the agreed period and have not paid child support, you can go to the court to sue, pay attention to the lawsuit, you should sue in the name of the child, you are the legal supervisor of the child to sue on behalf of the child, after getting the court's judgment or mediation, if the other party still does not pay child support, you can also apply to the court to enforce it.
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You should sue in the name of the child, you are the legal supervisor of the child to sue on behalf of the child, after getting the court's judgment or mediation letter, if the other party still does not pay child support, you can also apply to the court to enforce it.
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There is no time limit, and a lawsuit can be filed as long as there is evidence that the other party refuses to pay child support.
According to the Marriage Law of the People's Republic of China:
Article 48: Where there is a refusal to enforce judgments or rulings on alimony, child support, alimony, division of property, inheritance, visitation of children, and so forth, the people's courts are to enforce them in accordance with law. Relevant individuals and units shall be responsible for assisting in implementation.
Therefore, a lawsuit may be filed against a refusal to enforce a judgment or ruling on child support, and the people's court shall enforce it in accordance with law.
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There is no time limit and you can sue at any time.
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Those who refuse to enforce alimony judgments or rulings shall be compelled by the people's courts in accordance with law. Relevant individuals and units shall be responsible for assisting in implementation. Not paying child support does not result in jail time, but it is enforced by the people's court in accordance with the law.
If the perpetrator refuses to carry out the court's judgment and ruling, then he may be imprisoned for allegedly constituting a criminal offense.
Article 1085 of the Civil Code If, after divorce, the children are directly raised by one party, the other party shall bear part or all of the maintenance expenses. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement fails, the People's Song Yuan Belt 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 either parent in excess of the amount originally set forth in the agreement or judgment when necessary.
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It's not worth it! You should be generous! Calm down before thinking about the child.