Can I ask my ex husband to raise his education and living expenses?

Article 37 of the current Marriage Law of the People's Republic of China stipulates that "after 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 judgement concerning the maintenance and education of the child shall not prevent the child from making a reasonable demand to either parent, if necessary, in excess of the amount originally agreed upon in the agreement or judgment. ”

There are three types of changes to child support: increase, decrease, and exemption. The increase in maintenance is requested by the child when necessary, except that the original amount is difficult to maintain the child's living needs due to price adjustments; or the child's education and actual maintenance expenses exceed the original amount; It may also be that the parent is unable to pay all the medical expenses due to the child's illness; There is a significant increase in the economic income of the contingent party who is obligated to pay, in which case there is a significant disparity between the child's standard of living and his/her income. Conversely, the parent or the parent who is obliged to pay may also be exempted from the maintenance fee under special circumstances.

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.

Qin Bing Real Estate Construction Lawyer Network Answer: According to the relevant provisions of the "Marriage Law", the judgment of the child's living expenses and education expenses does not prevent the child from making reasonable requests to either parent for more than the original amount of the judgment when necessary. Therefore, you can ask the court to increase the costs of the original judgment on behalf of your son.

Yes, you can apply to the court.

Urge the other party first, if the other party still does not pay, you can pick up the jujube to solve it through litigation. Parents have the obligation to support minor children, child support refers to the provision of living expenses, education expenses, medical expenses and other expenses, when the husband and wife divorce in China, whether it is a divorce by agreement or litigation divorce, one party directly raises the child, and the other party needs to give the child the corresponding child support. The process of prosecution is as follows:

The first is to write a complaint in the name of the child, the content of which is to find the father of the child to be demolished and ask for child support; The second is to pay the case acceptance fee to the court of the child's father's place of residence; the third is to then wait for the ** trial; The fourth is to prepare evidence, divorce agreement or judgment before **.

Legal basis. Article 7 of the Supreme People's Court's Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts Article 7 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 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 based on the total income of the current year or the average income of the same industry, with reference to the above ratio.

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

The child is raised by both parents, and the child should be raised by both parents, and the child will be raised by the ex-husband after the divorce, but you have given living expenses every month, and the ex-husband has not borne the burden of taking care of and raising the child, and has been raised by your friend, you have the right to ask for the child's living expenses, you can continue to negotiate with him, and if the negotiation fails, you can take legal means to protect your rights and interests.

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

Article 1084:The relationship between parents and children is not extinguished by the divorce of the 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. 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.

Article 1085:After a divorce, where 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 fails, the people's defense 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.

Article 1086:After a divorce, the parent who does not directly raise the children has the right to visit the children, and the other party has the obligation to assist. The method and time for exercising visitation rights are to be agreed upon by the parties; If the agreement is not reached, the people's court shall make a judgment. Where a parent's visit to a child is detrimental to the child's physical and psychological health, the people's court is to suspend the visit in accordance with law; Visits shall be resumed after the reason for the suspension has disappeared.