Who is the child judged?How to give the support fee?After the divorce, the children raised 7 questions, and the judge answered

Divorce is the misfortune of marriage

But the child is innocent

After the husband and wife divorce

It does not mean that parents and children sever the relationship

Parents still bear the obligation of raising their children

Today, let’s talk about the related issues related to children after divorce

1

Who should children be raised after divorce?

Although divorce cannot eliminate the relationship between parents and children, it will change the way of support.Article 1084 of the Civil Code stipulates that the support of children after divorce is divided into two cases: First, children under the age of 2 are less than 2 years old, and the mother is directly raised by the mother.This is because breastfeeding is more conducive to the growth and development of the baby. When the husband and wife divorce, if the child is less than two years old, the mother should be raised by the mother according to law.Second, children who are already 2 years old. Both parents do not agree with the raising issues. The people’s courts combine specific conditions such as the support ability and support conditions of both parents in accordance with the principles that are most conducive to minor children.The specific situation includes: the personal quality of both parents, the sense of responsibility of the children, the family environment, the feelings of the parents and the children;It is raised by a party with strong economic capabilities; children who have recognition ability over 8 years of age should ask their children’s opinions whether they are with the father or the mother.

Law link

Article 1084, Paragraph 3, Paragraph 3 of the People’s Republic of China

After the divorce, children under the age of two are raised directly by their mother.If the children who are two years old, both parents do not agree with the raising issue, the people’s court will judge the principles of the most conducive to minor children in accordance with the specific circumstances of the two parties.Those who are eight years old should respect their true wishes.

2

Do not directly raise the children after divorce

How should we fulfill the obligation to support?

After divorce, the party who does not directly support the children often fulfill this obligation by paying the support fee. The support for the support should include living expenses, education and medical expenses.The amount can be determined according to the actual needs of the children, the economic ability of both parents, and the actual living level of the local area.

Law link

"People’s Republic of China" Article 1085

After the divorce, the child is directly raised by one party, and the other party shall bear part or all of the support.The amount of the burden and the length of the period shall be agreed by both parties; if the agreement does not, the people’s court will be judged.

The agreement or judgment stipulated in the preceding paragraph does not hinder the child’s reasonable requirements to make a reasonable requirement to any of the parents when necessary.

3

What are the payment methods for the child care fee after divorce?

There are generally two ways to pay for maintenance fees: monthly payment and one -time payment.Monthly payment is a stable income of one party, and monthly payment is more conducive to ensuring the normal life of children.One -time payment is a payment method used to use unstable income or inadequate residence, and there may be a payment method that may be used for a long time.

The divorce parties can negotiate the method of support for the support fee based on the actual situation. It can also choose to pay for the support fee other than the above two methods, such as paying or income -based payments.

4

How long is the payment period for children’s support for?

Under normal circumstances, the payment period for the maintenance fee is from the date of divorce to the age of the children’s adults that the age is 18 years old.In the case of exception, the payment period can be extended or shortened.The extension of the payment of the maintenance fee refers to the children who have not lived independently although they have been adults. For example, their children still receive high school and their degree education, and their children lose all or part of their labor capabilities.The time to shorten the support for the maintenance fee refers to the children of the children who are under the age of 16 and have an independent economic source, which can meet their own needs of life.

Law link

Article 18, paragraph 2, paragraph 2 of the People’s Republic of China

Minors over the age of sixteen, who are the main source of life with their own labor income, are deemed to be full of civil ability.

5

What conditions can children’s support for children be required to change?

The amount of the raising fee is based on the principle of the healthy growth of children. When the amount determined by the original divorce agreement or divorce judgment is obviously insufficient, the children have the right to ask their parents to increase the care fee.Children’s requests to increase the increase in care is: the original amount of raising costs has been difficult to meet the actual needs of future life; the cost of children due to school and illness has exceeded the original amount; there are other legitimate reasons.Parents ask for reducing the treatment fee: due to long -term illness or loss of labor ability, loss of economic sources, and unable to pay, and the support for the child has the ability to raise; if the crime is collected, it is unable to pay;Later, the stepfather or stepmother was willing to bear the part or all of the support for their children.

However, when the special situation of increasing or reducing the maintenance fee disappears, for increasing the maintenance fee, it may be required to restore the payment according to the original amount; for reducing or exempting the maintenance fee, the payment shall be restored.

Law link

"People’s Republic of China" Article 1085

After the divorce, the child is directly raised by one party, and the other party shall bear part or all of the support.The amount of the burden and the length of the period shall be agreed by both parties; if the agreement does not, the people’s court will be judged.

The agreement or judgment stipulated in the preceding paragraph does not hinder the child’s reasonable requirements to make a reasonable requirement to any of the parents when necessary.

6

Under what circumstances can you change your child’s custody?

When the husband and wife divorce at any time, when the situation of one or both parties or the ability to support has changed a lot, it can be required that the child custody right can be changed.The right to change children’s custody is generally determined by the two parties. If the agreement is not completed, the people’s court can be requested to change the judgment by the lawsuit.When the people’s court changes the judgment, the following situations generally consider the following situations: whether the party that lives with the children due to severe diseases or failure to continue raising their children due to disability;Whether it lives with the children has adversely affect the physical and mental health of the children; whether a minor child over 10 years old is willing to live with the other side and whether the party has the ability to raise.

7

Do not raise the children directly after divorce

How to guarantee the right to visit?

After the divorce of the husband and wife, one party who does not directly raise the child has the right to visit the children, and the other party has the obligation to assist.If there is a dispute over the right to visit, the parties should first be negotiated with the time and methods of visual visits from the perspective of the healthy growth of the children’s healthy growth.When refusing to visit the child of the other party, one party who enjoyed the right to visit can sue to the court and ask the court to make a verdict.If one of the decisions or rulings on visiting children is refused to implement the judgment or ruling of children, the people’s courts shall be enforced according to law.

"People’s Republic of China" Article 1086

After the divorce, the father or mother who does not directly raise the child has the right to visit the children, and the other party has the obligation to assist.

The way and time of exercising the right to explore the rights shall be approved by the parties; if the agreement fails, it shall be judged by the people’s court.

Father or mother visiting children is not conducive to their children’s physical and mental health, and the people’s courts suspend their visits according to law; after the suspension of disappearance, it should be resumed to visit.

Source: Hangzhou Intermediate Court WeChat public account

Edit: Tian Xuan

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