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Does Fang stop raising children after filing a divorce petition

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Does Fang stop raising children after filing a divorce petition


        

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  • 2024-06-25 21:00:56

    It is necessary to support children. According to the Marriage Law of the People's Republic of China, Article 48, if a person refuses to implement a judgment or ruling on alimony, alimony, alimony, property division, inheritance, visiting children, etc., the people's court shall enforce according to law the responsibility of the relevant individuals and units to assist in the implementation. Therefore, If one party refuses to execute the judgment or ruling on maintenance fees, the other party may bring a lawsuit to the court, and the people's court shall enforce according to the provisions of the Civil Procedure Law of the People's Republic of China: Article 21 A civil lawsuit against a citizen shall be under the jurisdiction of the people's court where the defendant is domiciled; If the defendant's domicile is not the same as his habitual residence, the people's court in the place of his habitual residence shall have jurisdiction over the following civil actions under Article 22, which shall be under the jurisdiction of the people's court in the place of the plaintiff's domicile; If the plaintiff's domicile is inconsistent with his habitual residence, the people's court of the plaintiff's habitual residence shall have jurisdiction:
    (1) Litigations concerning identity relations brought against persons who do not reside in the territory of the People's Republic of China;
    (2) Litigations concerning the identity of persons whose whereabouts are unknown or who have been declared missing; After divorce, the party who has obtained the custody right dies. According to the law, the legal custody right of the child and the guardian whose parents are minor children belong to the parents. The children are raised by the parents together. Only because the husband and wife are divorced and no longer live together, in order to protect the children's rights and interests, it is necessary to determine which party raises the children and the party who has not obtained the custody right of the children, It does not mean the disappearance of the obligation of upbringing, but the fulfillment of the right of upbringing by means of payment of upbringing fees, regular visits, etc. If one party dies, the other party is the only legal guardian of the child, and naturally enjoys the right of upbringing of the child. Unless there are conditions that are not suitable for raising children, how should the other party refuse to pay child support fees after divorce, Residence, citizenship number Contact information Legal representative, female, ethnic, born on MM/DD/YYYY, residence, citizenship number is the plaintiff's mother Defendant, male, ethnic, born on MM/DD/YYYY, residence, citizenship number Contact information Litigation claim:
    1. Request the court to order the defendant to pay the overdue alimony of yuan according to law;
    2. The defendant shall bear the litigation costs of this case. Facts and reasons: The plaintiff's mother and the defendant were originally husband and wife. The two people went through an agreement for divorce in the Civil Affairs Bureau on January, because of their incompatibility. The divorce agreement agreed that the plaintiff should be supported by her mother. After the defendant paid the plaintiff a monthly alimony of yuan and other contents, the defendant did not pay alimony to the plaintiff according to the divorce agreement signed with the plaintiff's mother. Therefore, In order to safeguard their legitimate rights and interests, the plaintiff brought a lawsuit to the court, asked the defendant to pay alimony, and requested a judgment according to law

    Hua***

    2024-06-25 21:00:56

  • civil Relevant knowledge

  • law

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