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The amount of alimony shall be subject to the actual needs of children, the economic capacity of parents and the local living standard. For those with stable income, the maintenance fee accounts for 20% - 30% of the monthly income. For those who take care of multiple minors, it will be raised to less than 50%. Those without fixed income shall be adjusted proportionally with reference to the total annual income or industry average. It can float up and down under special circumstances. If the negotiation fails, it shall be submitted to the judicial authority for decision. #Marriage and family 823 readings -
Chinese law allows couples who have lived apart for two years to divorce by agreement (both parties go to the civil affairs bureau of either party's domicile to handle the divorce) or divorce by litigation (to the court where the defendant often resides, and emotional breakdown is an important consideration). If both parties have no objection to divorce, child rearing and property distribution, they can directly go through divorce registration; In case of any difference, the court shall hear and judge the divorce. #Marriage and family 1371 readings -
Divorce is not necessarily based on separation. Consensus divorce can be handled immediately without separation for two years. If there is no consensus, it shall be settled through the court, which shall be under the jurisdiction of the defendant's permanent resident court. Emotional breakdown is the key to divorce, and separation of two years may be the basis. #Marriage and family 1110 readings -
If one party firmly disagrees with the divorce, the other party may file a divorce application in the court of the defendant's domicile. You need to carry your ID card, household register, marriage certificate, statement of complaint and other information. The court will decide to file the case within seven days, and may notify by telephone or email. If there are material problems, the court will decide whether to accept or not. The defendant shall respond within 15 days after receiving the copy of the petition. The ordinary procedure takes about six months, and the simple procedure takes three months. The court shall serve the judgment within ten days after the hearing, and issue it immediately if the judgment is pronounced regularly. The judgment has the same legal effect as the marriage certificate. #Marriage and family 1466 readings
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Whether the father pays for his son when he is unable to repay his debt depends on the situation: 1. For minor son, the parents have the legal obligation to pay for him. 2. Adult sons shall bear their own responsibilities, and parents have no such obligations. 3. If the son dies, the parents shall be responsible for paying off within the scope of the inheritance, and the excess part shall not be repaid. 4. The parents waive the right of inheritance without paying off. 5. Voluntary compensation is protected by law. #Marriage and family 1260 readings -
Whether a daughter needs to pay debts on behalf of her father depends on the father's civil capacity and the nature of the debt. If the father is incompetent or the daughter is the legal guardian, she may have debt repayment obligations; When the father is fully capable, the daughter is usually not responsible. After the death of the father, the daughter, as the successor, will use her inheritance to limit her debts; If you give up inheritance, you do not have to bear it. Under special circumstances, the daughter is allowed to pay the debt voluntarily by law. #Marriage and family 1178 readings -
The ownership of divorce property is mainly based on the purchase time and capital contribution: before marriage, one party bought the house with full payment as personal property; The down payment before marriage and the joint repayment after marriage, the house property belongs to the registrant, and the value-added part and the joint repayment are regarded as common property; If parents fully subsidize their children to buy houses and register them in their children's names, they will be regarded as private property before marriage; If part of the parents contribute part of the repayment, the property belongs to the registration party, and the other party needs to be compensated; The property purchased jointly after marriage is a joint property, which is divided through consultation or court ruling. It aims to protect the rights and interests of children, women and innocent parties. #Marriage and family 1296 readings -
Divorce does not simply depend on the time of separation. For divorce by agreement, both parties need to negotiate voluntarily and bring relevant certificates and agreements to the marriage registration office in the place where the household registration is located; If the negotiation fails, the party claiming the divorce may file a lawsuit in the court of the defendant's habitual residence. Even if the separation for two years due to emotional incompatibility is not automatic divorce, the court still needs to determine whether the relationship between husband and wife is broken. #Marriage and family 1064 readings
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#Marriage and family 2024-06-29 -
#Marriage and family 2024-06-29 -
#Marriage and family 2024-06-29 -
#Marriage and family 2024-06-29 -
#Marriage and family 2024-06-29