Enquiring knowledgeable people Inquisitive education Hospital Treasury

Does the agreement say no alimony is valid? After a few years, the child won't want it. What should the father do when he returns?

home page

Does the agreement say no alimony is valid? After a few years, the child won't want it. What should the father do when he returns?


        

Submit answer
Favorable reply
  • 2024-06-20 23:00:49

    Article 37 of the Marriage Law stipulates that the children raised by one party after divorce shall bear part or all of the necessary living and education expenses. The number of expenses to be borne and the length of the period shall be decided by the people's court if the two parties fail to reach an agreement.
    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.
    There are two ways to solve the problem: one is to negotiate between the husband and wife, and the other is to sue in the court. These are the two main approaches.
    In addition, the amount of child support can be determined according to the actual needs of children, the affordability of both parents and the actual local living standard. Generally, alimony with fixed income can be paid at the rate of 20% to 30% of their total monthly income. The proportion of the support for two or more children can be appropriately increased, but generally not more than 50% of the total monthly income. The amount of the support for non fixed income 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.
    The alimony shall be paid regularly and conditionally in a lump sum. If one party has no economic income or is missing, his or her property can be used to offset the alimony.
    If the couple divorced by agreement, the other party should perform its obligations according to the Divorce Agreement reached by both parties voluntarily. They can also file a lawsuit to the court according to the agreement to ask for child support payments. If the divorce is mediated by the court, in addition to the Divorce Mediation Document In addition, there should also be a divorce property division agreement in which there should be a child support clause. If the party who does not directly raise the child refuses to implement it, it can sue again to the court for a new ruling on compulsory implementation. If it is a divorce judgment, the child support fee can be paid according to the divorce child support payment clause in the divorce judgment.
    Article 37 of the Marriage Law [Child Support after Divorce] The children supported by one party after divorce shall bear part or all of the necessary living expenses and education expenses, and the length and duration of the expenses shall be determined by the people's court if the two parties fail to reach an agreement.
    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.

  • civil Relevant knowledge

  • law

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):