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1. About real estate: the key is to see whether the other party is co-owned by the real estate certificate registration, if not, according to the revised marriage law, let your parents give you a personal gift in writing, and it is best to have evidence to prove that your parents unilaterally funded the purchase of the house.
2. It is normal for husband and wife to be noisy, if the relationship is not completely broken, for the sake of the children, it is recommended to repair the relationship between husband and wife.
3. The law stipulates the issue of child support, which is generally 20% to 30% of the income of the party who does not directly raise the child. The child will always be his own child, and I hope that both parties will not worry about it.
4. Happiness is earned by oneself and one's family. Best wishes!
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1 You can prove that your parents funded you without sharing.
2 Confirm that the relationship has broken down and there is no possibility of reconciliation.
3 Children under the age of 2 are in principle 20%-50% of the monthly income of the mother's child support
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1. It's not good to have any evidence, because her name is written on the real estate certificate, if it's only your name, you can also ask your parents to write a gift agreement, and now you can't have her name 2. You can propose that the place of visit is in Hebei where we are currently working. If you can't visit the child, you can't ask for alimony, visitation and custody are two independent concepts and can't be confused 3. The alimony she wants is too high, the law says that it accounts for 20%-30% of the salary, and 90% is vexatious 4. The first question is whether you file for divorce in court or she files for divorce, if you propose that the law stipulates that women cannot divorce while pregnant and breastfeeding, the court will not support anything. If she files for divorce, the general judge will take into account that the child is inseparable from the mother and award it to the mother, and the unemployment you said is only a thing that may happen in the future, not a fact that has already happened, so it is not a favorable condition for obtaining custody 5. She may only pay additional maintenance with you after a few years, and it is impossible to ask the court to award it back to you, unless you ask for transfer of custody.
If she asks for a judgment to be returned, she will also have to pay child support, and now the consumption is getting higher and higher year by year, even if she runs out of money in the future, do you think she can afford to pay this child support? If you have a recording of her now, it can be used as a condition for fighting for custody, because she can't raise children and can't give them a good environment.
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Legal Analysis:1If the spouses are unable to agree on alimony, then the court can make a decision.
2.The court will determine the amount of alimony according to 20 percent of the payer's income standard and 30 percent of Li Xin's tardiness, and the maximum amount will not exceed 50%. 3.
At the same time, child support needs to be paid on a regular basis, and can be paid in a lump sum if conditions permit.
Legal basis: Civil Code of the People's Republic of China Article 1085 After divorce, where a child is 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 shall not prevent the child from making a reasonable demand to either parent in excess of the amount originally set in the agreement or judgment when necessary.
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Legal analysis: 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.
Legal basis: Article 1085 of the Civil Code of the People's Republic of China 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.
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One party raises it, and the other party pays for it.
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It is generally 30% of the monthly salary.
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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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