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How to deal with arrears of alimony not in local

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How to deal with arrears of alimony not in local


        

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  • 2024-06-27 07:00:49

    If the arrears of alimony are not in the locality, they need to bring a lawsuit in the people's court where the defendant is domiciled. How to fight a alimony lawsuit? You should know the following content about the payment standard and payment method of alimony, and then collect evidence to claim alimony according to the following provisions: the standard of alimony is generally 20~30% of the monthly wage income. Article 7 of the Several Specific Opinions of the Supreme People's Court on the People's Court's Handling of Child Support Issues in the Trial of Divorce Cases stipulates that the amount of child care fees can be determined according to the actual needs of children, the affordability of both parents and the actual local living standards. If there is a fixed income, childcare fees can generally be paid at the rate of 20% to 30% of the total monthly income. The proportion of those who pay for the upbringing of two or more children may be appropriately increased, but generally shall not exceed 50% of the total monthly income. If there is no fixed income, the amount of childcare fees can be determined according to the total income of the year or the average income of the same industry, with reference to the above proportion. In case of special circumstances, the above proportion can be appropriately increased or reduced. Article 8 of the Several Specific Opinions of the Supreme People's Court on the People's Court's Handling of Child Support Issues in the Trial of Divorce Cases stipulates that the childcare fees shall be paid regularly, and can be paid in a lump sum if conditions permit. Article 9 stipulates that if one party has no economic income or is unaccounted for, his/her property can be used to offset the child rearing expenses. According to the above provisions, the payment method of alimony is generally monthly, which is paid into the special account for child alimony or when visiting children. In practice, many parties require the other party to pay alimony in a lump sum, because this saves the trouble of asking for money, and second, it can be used to offset the house payment to the other party. However, whether to adopt a one-time payment method depends on the actual payment capacity of the other party and the attitude of the other party. If the party who does not directly raise the child does not agree to the lump sum payment, the court will not order the lump sum payment. In the marriage and family life, men generally appear as strong men. Therefore, in terms of the ownership of child custody, the man is relatively passive. Under the same conditions, the child is more likely to be returned to the woman, but in the following cases, it is also possible for the man to fight for the custody of the child.
    (1) The woman has a malignant infectious disease or other serious disease that affects the growth of the child.
    (2) The woman does not go home for a long time and does not fulfill the obligation of upbringing.
    (3) The man has been sterilized or has lost fertility.
    (4) The old man is less likely to give birth again, while the woman is in a better reproductive period.
    (5) The woman has bad habits or other quality problems, which may affect the growth of the child.
    (6) The woman has low income, unstable work and no fixed residence. In general, parents are the direct custodians of children, and the opinions of grandparents have no direct impact on the ownership of child custody. However, if both parents are busy with their work and other conditions are equal, the opinions of the grandparents who look after the children will have some effect.

    B***

    2024-06-27 07:00:49

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