Civil Code (Marriage and Family)
A series of courses in the general education classroom
On January 1, 2021, the Civil Code of the People's Republic of China came into effect. On the premise of adhering to the system of freedom of marriage, monogamy, and equality between men and women, and in light of the needs of social development, the Marriage Law and other laws have been revised and improved in response to the needs of the new situation and new problems in the field of marriage and family, responding to the needs of the times and the expectations of the people, and providing a strong legal guarantee for shaping healthy and harmonious marriage and family relations.
In order to deepen the rule of law publicity of "Building the Rule of Law in Hainan, Women in Action", guide the majority of women and families to respect the law, learn the law, know the law, use the law, and abide by the law, effectively improve the awareness and ability to protect their own rights and interests in accordance with the law, and promote family harmony and social stability, the Hainan Provincial Women's Federation has launched a series of law popularization classes on the "Civil Code" of Sister Ye's Statement, focusing on common marriage and family legal issues, analyzing and interpreting the law through typical cases, and explaining the law and reasoning, so that everyone can learn and understand the "Civil Code" (marriage and family edition) and other relevant laws and regulations.
This issue of [Sister Coconut's Statement] Civil Code (Marriage and Family) Law Popularization Class (6): Can a child request a divorced parent to increase child support? Learn about the laws and regulations related to the joint property of the husband and wife.
Case
Mr. Lin and Ms. Wang filed for divorce in the court in 2013, and after mediation by the court, the legitimate daughter of the two parties, Xiao Lin, was only one year and nine months old at the time, and was directly raised by Ms. Wang, and Mr. Lin paid 800 yuan per month in child support until the daughter reached the age of 18. Ten years have passed, due to the rise in prices, Ms. Dong's income is only more than 2,000 yuan, and Ms. Wang believes that the monthly maintenance fee of 800 yuan is far from enough, so Ms. Wang asked Mr. Lin to increase the child support, but Mr. Lin did not agree, on the grounds that the two parties negotiated and determined it in the court. Since the negotiation was fruitless, Ms. Wang came to consult whether she could ask Mr. Lin to increase the child support? It is the legal obligation of parents to raise children, and for minor children or children who do not have the ability to live independently, if the parents have the ability to support them, they have the responsibility to pay child support, so can the children in the Civil Code claim to pay child support according to the divorce agreement? The editor of Hualu.com has compiled relevant knowledge, hoping to help you.
Sister Coconut said
Can a child claim alimony under a divorce agreement?
Article 1085 of the Civil Code of the People's Republic of China stipulates that: "After divorce, if the children are directly raised by one party, the other party shall bear part or all of the maintenance. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.
Determine child support
There are three factors that need to be considered
01
The actual needs of the child's living expenses, education expenses, and medical expenses.
The principle of determining the amount of maintenance is to be conducive to the healthy growth of the child. Then, when determining the amount of child support, the first thing to consider is the actual living expenses, education expenses, and medical expenses of the children before the divorce of their parents. Some children have better living conditions before their parents divorce, and they have also enrolled in various study classes, and when their parents divorce, these situations should be taken into account, and the children's previous living conditions should be maintained as much as possible to avoid the divorce of their parents and cause too much psychological panic to the children.
02
Financial earning capacity of both parents.
The financial capacity of the parents, especially the ability of the party paying the maintenance, to pay should also be taken into account in determining the amount of maintenance. those with strong ability to pay should bear more appropriately; If the ability to pay is weak, it is appropriate to bear less.
03
The level of consumption of residents in the place where the children live.
When determining the amount of child support, the level of consumption of the population in the place where the child lives is also an important indicator. On the basis of this criterion, it is clear that maintenance payments that are too high or too low are inappropriate. In recent judicial practice, if the parties have a large dispute over the specific amount of child support, and the economic income of the party who has the obligation to pay child support is unstable, the people's court will often use the local residents' consumption level as the standard for determining the amount of child support.
Sister Coconut has something to say
According to the provisions of the Civil Code, if the parents fail to fulfill the obligation to support them, the minor children or adult children who cannot live independently have the right to demand the payment of child support from the parents. Therefore, if the parent who does not directly raise the child does not pay child support, the child may request payment of child support.
In real production life
Women sisters if they have legal problems
or infringement of rights and interests
You can ask the Women's Federation
(Women's Rights Hotline 12338)
Ask for help
Source: Hainan Provincial Women's Federation Rights and Interests Department Summary Editing Text: Fang Lili Review: Wang Chudie