By Jia Yongjiao
[Case]
The plaintiff A and the defendant Mu registered their marriage in 2019 and gave birth to a daughter the following year. However, their premarital emotional foundation was weak, which led to continuous conflicts after marriage and concentrated outbreaks after the birth of the child. In the end, Mou A and Mou Mu registered their divorce with the Civil Affairs Bureau due to their incompatibility, and reached an agreement on child rearing. It was agreed that the child would live with the plaintiff A, and Mu would pay 500 yuan of alimony every month until the child was 18 years old.
However, four years later, Mou Mu has not paid the alimony. Mou A's repeated recourse was fruitless, so he took Mou Mu to the court and asked him to pay a total of 24000 yuan of alimony for his daughter, but Mou Mu refused to pay the alimony because it exceeded the time limit for litigation.
[Article]
Article 196 of the Civil Code of the People's Republic of China does not apply to the following claims:
（1） Request to stop infringement, remove obstruction and eliminate danger;
（2） The obligee of real property right and registered movable property right requests the return of property;
（3） To request the payment of alimony, alimony or alimony;
（4） Other claims for which the limitation of action is not applicable according to law.
[saying]
"Alimony is related to the protection of the interests of vulnerable groups such as minors and children who cannot live independently. After hearing the case, the court held that Mou Mu refused to pay the alimony because it was beyond the limitation of action, which did not comply with the law, so it rejected Mou Mu's request.
Arzi Guli said that alimony is the living, education, medical and other expenses borne by parents or other people who have the obligation to support minors. Parents' obligation to support their children begins at birth and ends when the child reaches adulthood. During this period, the right to be raised by parents is a continuous right, and the limitation of action should not apply. If the obligor fails to pay alimony on the ground that the limitation of action is overdue, the life of the obligee will not be guaranteed, which not only violates the principle of public order and good customs, but also goes against the basic humanistic care.
(organized by Tianshan.com Xinjiang Daily reporter Yang Shuhan and intern Ge Yanning)
[Editor in charge: Subinur Alken]
