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In the divorce, if the child is awarded to the man, the woman should not have to pay child support, but if the child is awarded to the woman, the man must pay child support.
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Then go to court and sue her, but if you meet the kind of person who really doesn't have money and can't pay child support, you have to count it yourself. It's my own child anyway. More is more.
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I don't have a job for a while, and then I wait until I have a job to fill in. Enforcement can be requested from the courts.
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If you really don't have a job, there's no way to do it, otherwise you can go to court to sue. I wish you health and happiness.
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Maybe I'm a woman, so I'm more likely to fight in a woman's position, a woman marries you, gives you a child and divorces, in fact, she is already scarred, plus she has no job, her husband is forced to pay child support, poor woman, you should be considerate of her, it's not easy! From the web page |3 minutes ago Agree with this view.
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Where did she get the economy without a job? As long as you can prove that she has money, you can force her to pay child support.
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If it's really difficult, don't embarrass her, after all, she also wants to give money to the baby, it's a last resort, after all, you have had a relationship and a family, or be more considerate and considerate of her.
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If you don't give it, forget it, my sister-in-law and my brother's divorce agreement won't be given at all, I haven't given it once, and she doesn't have a job. So our family also admitted it and never asked her. Don't be so small for a little money.
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If you don't give it, you have to give it, and you should apply for enforcement of your obligations.
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If she really doesn't have a job, don't be embarrassed for her, after all, she is also the mother of the child, and she also wants to be obliged.
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It is necessary to see if the woman really has no income**, and if so, find evidence, which can be enforced by legal means.
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It is the obligation of both parties to raise a child, and if the agreement is not reached, it can be appealed.
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If she really doesn't have a job, she really can't pay child support. Don't be so careful. After all, husband and wife.
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Then you raise it yourself、、、 or a man can't afford to raise a child, right?
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Look at what your divorce settlement looks like.
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Take legal means to enforce it.
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The absence of work and no income from starvation is not a reason for non-compliance with the statutory obligation to compliment the employee, even if there is no work maintenance.
1) If one party has no financial income or his whereabouts are unknown, and the other party cannot receive child support, his or her property can be used to offset child support.
If there is a reduction in the payment of the maintenance fee, then he can seep through the hole to reduce the payment.
In the case of reduced payment, it mainly means that the paying party is unable to pay the original amount due to long-term illness or incapacity for work, and the party raising the child can afford most of the child's maintenance, then the paying party can request a reduction in the payment.
2) If one party refuses to pay the judgment or ruling of the people's court on child support, the other party may apply to the court for compulsory enforcement, and other relevant units or individuals shall assist in enforcement.
If one party does not enforce the alimony agreed in the divorce agreement, the other party cannot directly apply to the people's court for enforcement, but must file a civil lawsuit with the people's court, using the original agreement as evidence to request the court to order the other party to perform its obligations.
Legal basis] Article 1085 of the Marriage and Family Section of the Civil Code, after 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 demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.
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Legal analysis: If the party who does not raise the child wants to pay child support, the negotiation cannot be resolved by litigation.
Legal basis: Civil Code of the People's Republic of China
Article 1058:Husband and wife enjoy the right to raise, educate, and protect their minor children, and jointly bear the obligation to raise, educate, and protect their minor children.
Article 1067:Where parents do not perform 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.
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If there is no job divorce, the woman will have to pay alimony if she does not directly raise the child. This is because the law stipulates that after a divorce, one of the children raised by one party shall bear part or all of the necessary living expenses and education expenses of the other party. This obligation will not be eliminated because there is no job, but if there is a real limited financial capacity, it can be negotiated to reduce the maintenance fee appropriately.
Interpretation 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 (1).
Article 49.
The amount of alimony may be determined on the basis of the actual needs of the child, the affordability of both parents and the actual living standard of the locality.
For those who have 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.
If there are special circumstances, the above-mentioned ratio may be appropriately increased or decreased.
Interpretation 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 (1).
Article 50. Maintenance shall be paid on a regular basis, and may be paid in a lump sum where conditions permit.
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If the woman has no job and cannot afford child support, she can negotiate for installment payment, or later compensation payment, etc., and the law also clearly stipulates that the payment standard for child custody should be determined in combination with the economic income of the parties, and if the other party is really unable to afford it, the payment can be reduced.
According to Article 49 of the Interpretation (I) 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, the amount of alimony 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 who have a fixed income, maintenance may generally be paid at the rate of 20 to 30 percent of their total monthly income, and for those who bear two or more child support, the proportion may be appropriately increased, but generally must not exceed 50 percent of the total monthly income and there is no fixed income, and the amount of maintenance may be determined on the basis of the total income of the current year or the average income of the same industry in the province, with reference to the above ratio. In accordance with article 49 of the Interpretation (1) of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family, 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 who have a fixed income, maintenance may generally be paid in the proportion of 20 to 30 percent of their total monthly income, and for those who bear two or more child support, the proportion may be appropriately increased, but generally must not exceed 50 percent of the total monthly income and there is no fixed income, and the amount of maintenance may be determined on the basis of the total income of the current year or the average income of the same industry in the province, with reference to the above ratio. Where there are special circumstances, the above proportion may be appropriately increased or decreased. What are the consequences of not paying alimony after a divorce?
Consequences of not paying alimony after divorce: If alimony is not paid after divorce, the parent with custody can file a lawsuit in court. If the parents do not fulfill the obligation to support them, the minor children or adult children who are unable to live independently have the right to demand that the parents pay child support.
According to Article 1067 of the Civil Code of the People's Republic of China, if parents fail to fulfill their obligation to support them, minor children or adult children who cannot live independently have the right to demand that their parents pay child support. Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children. The above is the legal knowledge about how to give post-marital alimony if the woman is not working, have you learned?
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