If property and alimony are not paid after divorce, it is not possible to get married

If there is no property after the divorce, child support cannot be withheld.

The division of joint property between husband and wife and the ownership of child custody are two different things. Child support cannot be denied on the grounds that there is no share of marital property.

If there is an objection to the division of the divorced property, you can file a lawsuit within one year of the divorce to assert your legitimate rights and interests. However, if the other party refuses to pay child support as prescribed by law, the other party can sue to defend their rights in accordance with the law.

The Marriage Law specifically stipulates:

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.

Article 36: The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent.

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.

Article 37 After a 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.

Of course, you can, marital issues and property maintenance issues have nothing to do with them.

Legal analysis: You can file a lawsuit with the court, and the amount of child support can be determined according to the actual needs of the children, the affordability of both parents and the actual living standard of 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.

Legal basis: Article 1085 of the Civil Code of the People's Republic of China 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.

Article 4 of the Interpretation (III) of the Marriage Law: Where one of the husband and wife requests the division of joint property during the existence of the marital relationship, the people's court shall not support it, except for the following major reasons and does not harm the interests of creditors:

1) One party has conduct that seriously harms the interests of the joint property of the husband and wife, such as concealing, transferring, selling, destroying, or squandering the joint property of the husband and wife, or forging the joint debts of the husband and wife;

2) A person with a legal obligation to support one party suffers from a serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses.

In the above cases, it is possible to divide the property without divorce.

Why is it so stiff! Do husbands and wives have such a deep hatred?

If they truly cannot afford it, they may not pay.

Consult a local lawyer for details.

For other questions, please see the references.

Resources. Divorce Frequently Asked Questions in Short Answers

2. The lawyer's answers before the formal retention relationship is established must not be used as the basis for handling the actual case on their own.

3. It is strictly forbidden for non-professionals to use legal provisions or legal professional articles as the basis for handling actual cases without authorization. Those who handle legal issues without authorization shall bear the consequences.

1. All in accordance with 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 person who refuses to enforce a judgment or ruling on child support, and the people's court shall enforce it in accordance with law.

If the divorce has been handled by the court or the civil affairs department, and the alimony has been agreed, if one party does not pay, the other party can go to the court to demand the other party to pay or directly apply for enforcement. If the party who should pay the child support does not pay the child support, the child can be used as the plaintiff, and the party raising the child can be sued as the legal ** person, and the party who should pay the child can be paid according to the divorce agreement or judgment. If you are at least 18 years old, your parents will not have to pay child support, even if you go to university.

Do you not take it, or does the other party not give it?