Enquiring knowledgeable people Inquisitive education Hospital Treasury

How can I claim compensation if my son is not born in person after divorce

home page

How can I claim compensation if my son is not born in person after divorce


        

Submit answer
Favorable reply
  • 2024-06-26 18:00:03

    Case introduction: The Plaintiff and the Defendant were introduced in 1999 and registered for marriage the following year. Both parties were remarried. A boy was born in March 2004. After marriage, the two sides often quarrel because of family chores. In August, the defendant's husband entrusted a judicial identification center to identify whether he and his son are related by blood. The identification conclusion is that there is no blood relationship between the two parties. Since July, the Plaintiff and the Defendant have lived separately, and the woman has filed for divorce. The court ruled that since the Plaintiff and the Defendant could not properly handle household chores, since July, when they separated, the Plaintiff filed for divorce, and the Defendant agreed that the relationship between husband and wife had indeed broken down, allowing both parties to divorce. Since the child is not the natural child of the defendant, the defendant has no legal obligation to support the child, and the court should support the defendant's request for the plaintiff to return the maintenance fees. Dependent expenses shall be calculated according to the standard of local income level. Accordingly, according to the provisions of Articles 4 and 32 of the Marriage Law of the People's Republic of China, the plaintiff and the defendant were sentenced to divorce, and the plaintiff compensated the defendant more than 60000 yuan for mental loss and maintenance. Lawyer's analysis: the plaintiff in this case was subjectively at fault and violated the provisions of the Marriage Law on the monogamous marriage system and the obligation of mutual loyalty between husband and wife. Legally, the defendant and the child were neither father and son nor adopted father and son, but they have been exercising the rights and obligations between parents and children. The plaintiff violated the duty of fidelity of husband and wife during the marriage relationship, and gave birth to children with the opposite sex outside marriage, which caused serious mental damage to the defendant, and should compensate the defendant for the mental loss expenses. In addition, the alimony paid by the man should also be compensated, and it should be unjust enrichment for the woman to obtain the man's alimony. The fact that the plaintiff had illegitimate children with others during the marriage relationship has been irrefutable after the paternity test. The plaintiff's behavior has a negative impact on the stability and harmony of marriage and family, social stability and unity, and social morality, which is prohibited by law. The court shall support the defendant's claim.

    One***

    2024-06-26 18:00:03

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):