Job Recruitment Website - Immigration policy - The ex-husband immigrated abroad, abandoned his wife and children, and refused to pay alimony as stipulated in the divorce agreement.
The ex-husband immigrated abroad, abandoned his wife and children, and refused to pay alimony as stipulated in the divorce agreement.
Both parents have the obligation to support their children.
For those who refuse to enforce the relevant support payments,
you can apply to the court for compulsory enforcement.
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"Marriage Law"
Article 21 Parents and Children
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Parents have the obligation to raise and educate their children; children have the obligation to support and support their parents. When parents fail to fulfill their child support obligations, children who are minors or cannot live independently have the right to require their parents to pay child support. When children fail to fulfill their support obligations, parents who are incapable of working or have difficulties in living have the right to require their children to pay alimony. Infant drowning, infant abandonment and other acts of mutilation of infants are prohibited.
Article 48 Compulsory Enforcement
Whoever refuses to execute judgments or rulings on support, alimony, alimony, property division, inheritance, visit to children, etc. shall be subject to The People's Court shall enforce it in accordance with the law.
Relevant individuals and units should be responsible for assisting in implementation.
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"Several Issues of the Supreme People's Court on the People's Courts' Handling of Child Support Issues in Divorce Cases" Specific Opinions"
(November 3, 1993)
7. The amount of child support fees can be based on the actual needs of the children, the affordability of both parents and the actual local life. Level determined.
For those with a fixed income, the child care fee can generally be paid at a rate of 20 to 30 percent of their total monthly income. If you are responsible for the child support of two or more children, the proportion may be increased appropriately, but generally it shall not exceed 50% of the total monthly income.
If there is no fixed income, the amount of childcare fees can be determined based on the total income of the year or the average income of the same industry, with reference to the above ratio.
Under special circumstances, the above proportion may be appropriately increased or decreased.
8. Child care fees should be paid regularly, and if conditions permit, they can be paid in one go.
9. If one party has no financial income or his whereabouts are unknown, his/her property can be used to offset child support fees.
10. Both parents can agree that the children will live with one party and the raising party will bear all the child support expenses. However, if it is verified that the fostering party's ability to support the child is obviously unable to meet the child's expenses and affects the healthy growth of the child, it will not be allowed.
11. The payment period for child support is generally until the child is eighteen years old. For those who are over 16 years old and under 18 years old, and their labor income is their main source of living and can maintain the general living standards of the local area, their parents can stop paying child care fees.
12. If an adult child who has not yet lived independently falls into any of the following circumstances and his parents are able to pay, they should still bear the necessary childcare fees:
(1) Loss of ability to work or Although they have not completely lost their ability to work, their income is not enough to maintain their lives;
(2) Those who are still in school;
(3) Those who do not have the ability and conditions to live independently .
15. After divorce, if one party requests to change the child custody relationship, or if the child requests an increase in child support fees, a separate lawsuit shall be filed.
18. If a child requests an increase in child support under any of the following circumstances, and the parent has the ability to pay, support should be given.
(1) The original amount of child support is not enough to maintain the actual living standard of the local area;
(2) The actual needs of the child have exceeded the original amount due to illness and schooling;
(3) There are other legitimate reasons that should be added.
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