Unable to afford to have children after divorce

It's good, but it's going to be lonely.

1. Evidence collection of basic conditions of both parties.

Collect evidence on the basic conditions of both parties, including but not limited to the nature of work, working environment, income status, living conditions, education level, character cultivation, etc., and highlight favorable factors through comparative analysis of the basic conditions of both parties. Even if there is little difference in the basic conditions of the husband and wife, such as salary income and education level, it does not mean that there is no difference. For example, the ideological quality of one party is particularly important in fighting for child custody, because the ideological quality of the direct parent will directly affect the healthy growth of the next generation.

2. Evidence of the basic conditions of both parents.

Many times, it is often not either spouse who actually takes care of the child, especially for preschoolers, usually one of the parents. Therefore, the child's previous living environment, as well as the opinions and physical condition of the parents who have been with the child for a long time, are often also an important aspect that affects the child's custody.

3. Evidence collection of children's living environment.

The principle of handling the issue of child support in divorce cases is not to affect the healthy growth of the child. If both parties are divorced, but one of them is close to the school, or the living community is mature, it is most beneficial for the child's education and life, and of course the possibility of obtaining child custody will be greater. Therefore, evidence collection in this area is also necessary.

4. The child's opinion is very important.

Generally, when dealing with the issue of child support, the court will carefully listen to the opinions of children over the age of 10 and make a record of the case file. Before or during the divorce, it is particularly important to do a good job of the child's ideological work so that the child is willing to live with him.

Children over the age of 10 are generally more mature than our generation, and have a basic understanding of the meaning and consequences of divorce, although this will cause harm to them, but this damage is unavoidable, so that the child is raised by the party who is most conducive to their growth, which can be regarded as a remedy for it.

According to the Marriage Law and its relevant provisions, children under the age of 2 are generally raised by the woman; If the child is in early childhood, the judge will be more likely to give custody to the woman under the same conditions.

Second, from the sex of the child. If the child is a girl and is almost 10 years old, the court is more likely to award it to the woman under the same conditions, because the woman is more experienced in guiding the child's adolescence.

Third, from the economic conditions of both sides. If one of the parents has a higher income, the child may be provided with better parenting conditions, and under the same conditions, the court may award the child to the parent with the higher income.

Fourth, from the child's consistent growth environment, for example, the child has always been taken by grandparents, or the child has been living in a certain house, and the school is also around the house, etc., these are all factors for the judge to consider the ownership of the child's custody.

At the time of divorce, there are two sons, and the woman can not raise them if she has no financial ability, after all, the other party has no financial strength, and the child will only suffer if she follows her, and it is not good for the growth of the child.

1. Judging the divorce of husband and wife according to their economic strength, most of the child support issues will be judged according to the economic conditions of both parties, and if the other party has no financial ability at all, it is very likely that the child will not be awarded to her. Even if there are two sons, according to the legal procedure, one person should have one child, but the other party has no financial ability at all, raising a child will be a big problem, and the child and her will only destroy the stability of the child without delay, which is not conducive to the growth of the child.

Second, the choice of comprehensive circumstances is not a generalization when divorcing, and special circumstances require special treatment, so that Yu Liang will let the children grow up better. Even for families with two children, being together at the time of divorce will help them grow and will not cause them much harm because of the divorce. Now it takes a lot of time, energy and financial resources to raise a child, and if there are not enough economic conditions, it will make the child live a very bleak life on the road to growth, at least to ensure that the child's material life is satisfied.

3. The principle of friendly negotiation divorce means that the husband and wife are completely separated, but everyone's love for the child will not be reduced, since the woman has no financial ability, as a man can bear the problem of the child. After all, the children are their own, the rules are dead, and the talents are alive, and we can't let the children suffer because of the divorce, and we must be responsible for them.

Children are the most important issue in divorce, and we should make the most powerful choice for our children to reduce the risk of divorce to our children. At the same time, after the divorce, it is necessary to give the children the greatest living security, and the children's lives should not be threatened, which will affect the development of the children. We should act in the interests of our children, and no matter who is awarded to them, we should take our own responsibility.

If you don't have the financial ability, you can't raise it, so you should be awarded to the man to raise the rest of the child, but she also needs to pay a part of the maintenance fee for the child every month.

The woman has no financial ability, but the family does not raise the child, and it is good that the two sons are handed over to the man to raise, and the woman only needs to give a certain amount of child support.

No, the child will generally be awarded to the party who has the financial ability, so as to ensure the child's education and development.

Legal Analysis: When the court decides on a child custody dispute case, it will follow the basic principle that it is conducive to the healthy growth of the child. For children under the age of two, custody is usually in the hands of the woman unless the woman has a serious infectious disease.

If the child is older, it is necessary to consider which parent is more conducive to raising. Therefore, as for the question of who will raise the children of the divorced woman who has no financial conditions, it is necessary to analyze the specific situation, which may belong to the woman or the man.

Legal basis: Civil Code of the People's Republic of China Article 1 Filial piety is missing 1084 The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, whether the children are raised directly by the father or the mother, they are still the children of both parents.

After divorce, parents still have the right and obligation to raise and educate their children. After divorce, the child who is breastfeeding shall be raised with the nursing mother. If the two parties cannot reach an agreement due to a dispute over the custody of a child after breastfeeding, the people's court shall make a judgment based on the rights and interests of the child and the specific circumstances of both parties.

The divorced woman has no financial ability, and the question of who will raise the children depends on the specific situation. Since the woman has no income and cannot bear the obligation to raise the child, the court is very likely to award the child to the man, of course, if the child is awarded to the woman, then the man needs to pay child support, which is clearly stipulated in the law, if the man refuses to pay the maintenance fee, the woman can sue the man.

Legal Analysis: Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by the People's Courts3: For children over the age of two years, both the father and the mother request to live with them, and one of the parties has one of the following circumstances, priority may be given to them: (1) those who have undergone sterilization or have lost the ability to give birth to children due to other reasons; (2) The child has lived with the child for a long time, and changing the living environment is obviously detrimental to the healthy growth of the child; (3) There are no other children, and the other party has other children; (4) The child lives with him/her, which is beneficial to the child's growth, and the other party suffers from an infectious disease or other serious illness that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health, and it is appropriate to live with the child.

5) In the event of a dispute between the parents over the age of 10 over the minor child living with the father or the mother, the child's opinion shall be considered. According to the above-mentioned legal provisions, if the child has reached the age of 10 and now the child wants to live with the mother, then the court will fully respect the child's wishes and basically award the child to the woman. If the child is not over 10 years old, then the court will make a judgment on the ownership of the child's custody after taking into account the circumstances provided for in the above-mentioned law.

Legal basis: Civil Code of the People's Republic of China Article 56: 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;