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How to handle the process of changing alimony

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How to handle the process of changing alimony


        

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  • 2024-06-25 14:01:05

    (1) If both parties agree on the change of custody, and the change is beneficial to the child's life, it can be changed by notarizing the change of custody agreement. When handling the notarization, both parties must submit the following materials:
    (1) ID cards, household registers, divorce certificates and divorce agreements of both applicants;
    (2) Household register and birth certificate of the child;
    (3) A draft agreement on change of custody right.
    (2) The change of custody right of children is generally determined by both parties through negotiation. If the negotiation fails, the change can be requested by the people's court through litigation. According to 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", if one party requests to change the child support relationship, the people's court shall support the change in any of the following circumstances:
    (1) The party who lives with the child is unable to continue to support the child due to serious illness or disability;
    (2) The party living together with the child does not fulfill the obligation to support or maltreats the child, or the living together with the child has adverse effects on the physical and mental health of the child;
    (3) A minor child over the age of 10 who is willing to live with the other party and who has the ability to support him or her;
    (4) There are other justifiable reasons for change. If the party who lives with the children is reeducated through labor, arrested, put in prison for a crime or cannot be directly raised abroad for a long time. After divorce, if one party requests to change the child support relationship, or if the child grows up to be able to identify, and voluntarily proposes to live with the other party, a separate lawsuit shall be filed. After divorce, the request for changing the child support relationship does not involve the original divorce case, nor the judgment on the child support problem in the original divorce case, nor the correction of the mediation agreement, but the new situation of child support that did not exist at the time when the original divorce case was handled, so a new case should be filed separately.
    2、 Method of changing custody
    1. Change by agreement Whether it is divorce by agreement or divorce by judgment, parents who request to change the child support relationship do not have to sue the court. Both parties have reached an agreement to change the child support relationship. As long as there are no illegal matters and problems detrimental to the growth of children, the law allows the parties to make changes by agreement. In a word, when it is necessary to change the custody of children, parents can first negotiate privately to reach a consensus through communication and directly change the custody of children.
    2. Litigation change is often the final result of the intensification of various contradictions when couples embark on the road of divorce. Therefore, in many cases, it is even more difficult for divorced couples to sit down and talk calmly and finally reach an agreement. Therefore, when various problems occur in the provider and it is no longer suitable to raise the child, if the divorced couple cannot reach an agreement through consultation, they can request to change the custody of the child by filing a lawsuit with the court. In practice, there are two kinds of changes in child support: one is to increase the amount of child support, the other is to reduce the amount of child support. When changing the amount of child support, the parties can change by agreement or change the way of litigation.

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    2024-06-25 14:01:05

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