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How to solve the dispute of alimony

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How to solve the dispute of alimony


        

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  • 2024-06-26 07:00:00

    The first paragraph of Article 37 of the Marriage Law of the People's Republic of China stipulates that, after divorce, the other party shall bear part or all of the necessary living and education expenses for the children raised by one party. The number of expenses to be borne and the length of the period shall be agreed by both parties. If the agreement fails, the people's court shall make a judgment. The second paragraph stipulates that the agreement or judgment on the child's living expenses shall not prevent the child from making a reasonable request to either parent in excess of the amount originally set in the agreement or judgment when necessary. Thus, cases of alimony disputes can be divided into two different types. First, the parents of minor children shall negotiate for settlement. If the negotiation fails, it can be settled through litigation. The second is that minor children request additional alimony from one or both parents. If a lawsuit is brought to the court because of a dispute over the former, the parent or father of the minor should file a lawsuit against the other party. As the beneficiary of the final decision of the court, the minor should be a third person without independent claim rights in the case, but it is inconvenient to participate in the lawsuit because of his lack of civil capacity, Therefore, minor children can be notified to participate in the litigation without being added as the third party in such maintenance dispute cases. Raising children, even after divorce, is a common legal obligation of parents. The fact that the parents of the children are the two parties in the case of alimony dispute reflects the spirit of common upbringing of children. If a lawsuit is filed in the name of a child and the other party is required to pay or increase alimony, it does not reflect the common obligation of parents to support their children. Therefore, in this case, only the parent or father can bring a lawsuit against the other party in his own name, which is in line with the law.

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    2024-06-26 07:00:00

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