The arrival of a new life should make a family full of sweetness and joy, but many women in the workplace have more worries. Recently, the Changning County Court successfully mediated a dispute over maintenance fees between husband and wife.

The plaintiff Ms. Li and the defendant Mr. Xu had a daughter after marriage. In order to better raise her daughter and take care of her family, after negotiation between the husband and wife, Ms. Li resigned from her original unit when she was in labor. After Ms. Li resigned, she did not have any economic income. The lawsuit went to the court and asked Mr. Xu to pay maintenance fees from the date of her daughter's birth until Ms. Li had a job. As the marriage relationship between the parties is still in existence, the presiding judge organized the parties to mediate by "face to face" and "back to back" in order to maintain family harmony.

In mediation, the presiding judge insisted on the combination of legal principle and reason, and patiently persuaded both parties from the perspectives of legal provisions, public order and good customs, and social customs. During the communication with both parties, the plaintiff and defendant slowly opened their hearts. Mr. Xu said that he was not unwilling to assume the obligation of support, but lacked communication with Ms. Li. He was willing to assume all his obligations. Ms. Li also said that the two sides really lack effective communication in daily life. After finding the crux, Mr. Xu immediately paid Ms. Li 4200 yuan of maintenance fees for the first seven months through court mediation, and expressed his willingness to pay Ms. Li 600 yuan per month from June this year to April 2025.

The judge said

The judge in charge of the case said that Article 1059 of the Civil Code stipulates: "Husband and wife have the obligation to support each other, and the party in need of support has the right to require the other party to pay maintenance fees when the other party fails to perform the maintenance obligation." The maintenance obligation between husband and wife is an obligation directly arising from the marital relationship. As long as both men and women have entered into a marriage relationship, a series of personal and property relationships have been formed between them. The maintenance obligations between husband and wife are included in this series of personal and property relationships. In this case, Ms. Li and Mr. Xu are husband and wife. Both parties have the obligation to support each other, including financial support, spiritual comfort and life care. Ms. Li quit her job to take care of her newborn child. Mr. Xu should take more initiative to care for Ms. Li and jointly protect the growth of children. Ms. Li has no source of income because she takes care of her children. Mr. Xu should perform the obligation of paying maintenance fees to Ms. Li. The maintenance obligation between husband and wife is not only the common obligation of both husband and wife from the registration of marriage, but also the basic guarantee for the maintenance and existence of the family community. Both men and women have formed a family community since they entered into marriage, which requires mutual support, comfort, help and support between husband and wife.

(Duan Yunjuan)