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Is there any legal effect after two years of applying for alimony

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Is there any legal effect after two years of applying for alimony


        

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  • 2024-06-23 18:00:47

    The written judgment shall come into force 15 days after the date of service. Unless the written judgment is revoked by the court, it is always valid and shall be executed in accordance with the judgment. What is the legal basis for increasing alimony
    (1) China's Marriage Law stipulates that parents have the obligation to raise and educate their children. According to the provisions of Article 12 of the Supreme People's Court's Several Specific Opinions on the People's Court's Handling of Child Support Issues in the Trial of Divorce Cases, adult children who have lost their ability to work and have not yet lived independently, and whose parents have the ability to pay, should still bear the necessary upbringing fees. At the same time, Article 7 of the Opinions stipulates that the amount of childcare fees can be determined according to the actual needs of the children, the affordability of both parents and the actual local living standard. If there is a fixed income, the childcare fees can generally be paid at the rate of 20% to 30% of the total monthly income. If there is no fixed income, the amount of childcare fees can be based on the total income of the year or the average income of the same industry, It is determined by referring to the above proportion.
    (2) Paragraph 2 of Article 37 of the Marriage Law stipulates: "The agreement or judgment on the children's living and education expenses shall not prevent the children from making reasonable demands to either of the parents in excess of the original amount of the agreement or judgment when necessary." It can be seen that the child's alimony can be changed. The child who requests to increase the maintenance fee has the following circumstances
    1、 If the parent has the ability to pay, it should support:
    (1) The original amount of alimony is not enough to maintain the actual local living standard;
    (2) The actual needs have exceeded the original amount due to children's illness or school attendance;
    (3) There are other justifiable reasons for the increase.

    z***

    2024-06-23 18:00:47

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