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How to deal with divorce without alimony

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How to deal with divorce without alimony


        

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  • 2024-05-31 21:00:48

    Treatment method for one party not taking child support after divorce:

    1. If the two parties agree to divorce, the party who does not directly support their children will not pay maintenance fees, and the other party may bring a lawsuit to the people's court, using the original agreement as evidence, to request the court to order the other party to perform its obligations.

    2. If both parties divorce in litigation, one party fails to enforce the maintenance fees that should be paid according to the court judgment, the other party may directly apply to the people's court for compulsory enforcement.

    [Legal Basis]

    Article 1085 of the Civil Code states that if a child is directly supported by one party after divorce, the other party shall bear part or all of the maintenance fees. The number of expenses to be borne and the length of the time limit shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment.

    The agreement or judgment mentioned in the preceding paragraph shall not prevent children from making reasonable demands to either of their parents when necessary in excess of the amount originally set in the agreement or judgment.

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