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The husband's parents have been with the child for three years, and they can claim relevant financial compensation from the woman in the event of divorce.
According to the provisions of the Marriage Law, when a citizen goes through the divorce formalities, he or she needs to agree in writing on the ownership of the property related to the marriage relationship, and if the citizen feels that the other party has not performed the business of raising children during the marriage, he can claim compensation from the other party, and if the two parties cannot negotiate, the people's court needs to coordinate the handling.
Marriage Law of the People's Republic of China
Article 21: Parents have an obligation to raise and educate their children; Children have an obligation to support their parents.
If the parents fail to fulfill the obligation to support them, the child who is a minor or who is unable to live independently has the right to demand maintenance from the parents.
In the event that a child fails to fulfill his or her maintenance obligations, the parent who is unable to work or who is in difficulty in living has the right to demand maintenance from the child.
Infant drowning, infant abandonment and other acts of infant mutilation are prohibited.
Article 40: Where husband and wife agree in writing that property acquired during the existence of the marital relationship shall belong to each other, and one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., they have the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.
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The parties agreed that if the woman fails to fulfill her maintenance responsibilities and maintenance obligations, she can claim the relevant maintenance expenses, and she can also sue through the court.
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It didn't work, my child was seriously ill for three years, and it didn't work.
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Legal analysis: Yes, the woman can ask for compensation when she is divorced, and the man must make corresponding compensation.
Legal Basis: Article 1088 of the Civil Code of the People's Republic of China Economic Compensation for Divorce If one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall give compensation. The specific measures shall be agreed upon by both parties; If the agreement fails, the people's court shall make a judgment on reputation.
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Summary. Legally speaking, if it is a second marriage, it should not be, because it is the duty of the man, otherwise it is a different matter.
After raising the woman's children for 8 years, does the man have the right to ask for subsidies after the divorce?
Hello, the information provided by you is incomplete and needs to be analyzed on a case-by-case basis.
Legally speaking, if it is a second marriage, it should not be, because it is the duty of the man, otherwise it is a different matter.
She has a son in her second marriage, we have been together for 8 years, and now we are divorced, I don't have the right to ask her for subsidies.
Since we got married, we have gone out to live on our own, and we have never given any money to my family, and she has no land.
From a legal point of view, if you start to voluntarily bear the support of your stepchild, it is a parent-child relationship with the nature of a simulated blood relationship, and the royal stove should not be able to argue with the group.
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Legal analysis: Yes, the woman can ask for compensation when divorcing, and the man must make corresponding compensation.
The basis of the law of jujube lead friendship:
Article 1088 of the Civil Code of the People's Republic of China Economic Compensation for Divorce If one of the spouses is burdened with more righteous and irritating tasks due to raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall compensate him. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
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Divorce only has child support, and if Lord Li does not have a Huai paragraph draft, he can ask for child support to be increased. 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.
An agreement or judgment concerning the child's maintenance and education expenses shall not prevent the child from making a reasonable demand against either parent in excess of the amount originally set in the agreement or judgment when the child is required to do so. Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts.
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.
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Can I claim compensation for divorce if I have been at home with children?
If the woman has been at home with the children, the woman can ask for compensation at the time of divorce, and the man must make corresponding compensation.
Article 1088 of the Civil Code [Economic Compensation for Divorce] Where one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall give compensation. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
Article 1091 of the Civil Code [Compensation for Divorce Damages] In any of the following circumstances, if a divorce is caused, the innocent party has the right to claim damages:
a) bigamy; 2) cohabitation with another person;
3) Committing domestic violence;
4) Abuse or abandonment of family members;
5) There are other major faults.
Provisions relating to the joint property of the husband and wife
Article 1062 of the Civil Code [Joint Property of Husband and Wife] The following property acquired by husband and wife during the existence of the marital relationship is the joint property of the husband and wife and is jointly owned by the husband and wife:
1) Wages, bonuses, and remuneration for labor services;
2) Income from production, operation and investment;
3) income from intellectual property rights;
4) Inherited or donated property, except for judgments provided for in item 3 of Article 163 of this Law;
5) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
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