Guide to family litigation marriage (masses Edition)

                                  The legal aid center of Chongqing lawyer Sheng Hongbin
                                    2011.05.23
First class: the marriage of property disputes
The nature of marriage

Marriage is a contract, refers to both men and women without spouses to marry for the purpose of prior agreement.

Marriage is a breach of contract, the other party shall not custom, for the dissolution of marriage or file for court enforcement. The dissolution of marriage can terminate automatically, without having to go through the procedure, without the consent of the other

From the perspective of civil law, citizens, legal persons breach of contract or non performance of other obligations, should bear the civil liability of restitution of property etc..

  The nature of marriage and property
Arranged marriage, paid property based on, obtaining property by marriage, in violation of regulations prohibiting, invalid
The engagement party usually pay a certain number of lesser value property, normal interpersonal engagement, and independent, voluntary gift
The engagement party to pay a certain amount of value according to the customs of the larger property, conditional donation behavior

Three cases of the return of betrothal gifts (according to the judicial interpretation of the marriage law two)
One is the parties not to apply for marriage registration,
Two divorce, but did not live together,
Three divorce, marriage betrothal gifts and led to two life difficult, the parties request the return of betrothal gifts, the people's court shall support.

As to whether or not the marriage as the main basis
Payment, accepting property main body is not clear
Before life difficult not counterpart, but maintaining minimal assurance difficult
The statute of limitations for two years

 

Special treatment of dowry dispute
Both sides desired engagement, betrothal gift shall be deemed the attached condition achievement, betrothal gifts should be returned
A party suffering from mental illness or medical think marriage disease due to improper purpose can not be achieved, engagement, betrothal gifts should be returned
Considered the amount, size of the fault
Second class: divorce disputes
 The couple divorce is in accordance with the law behavior of the statutory conditions and procedures for dissolution of marriage.

The principle of no fault divorce

Ensure the freedom of divorce, prevent the guiding ideology of hasty divorce

Take care of the vulnerable, the divorce damage compensation, economic help, realize the security concept of fairness and justice

Divorce in two ways, one is the voluntary divorce, two is the divorce proceedings.

 Voluntary divorce, the divorce registration, both parties shall apply to a party where the permanent residence registration office for divorce, provide my booklet, identity cards, marriage certificate, signed the divorce agreement. At the same time the parties must be a person with full capacity for civil conduct, marriage registration is handled in the China mainland. If you identify the parties voluntarily, for children, property, debt problems have properly deal with, namely the agreement, shall be registered, issued a certificate of divorce.

  Divorce is directly to the court to start divorce proceedings.

Legal conditions of divorce
    From the basis of marriage, marriage relationship, the reasons for divorce, status between husband and wife, there is no comprehensive aspects and possibleAnalysis of feeling of husband and wife is broken, feelings that have been broken, the mediation fails, divorce
   
   The legal grounds for divorce: feelings that have been broken
 
    The Supreme Court "on the trial of divorce cases how to identify some specific advice couples that married broken" (Law issued in 1989 38, people)

   The legal judgment of divorce cases
One is the bigamy or spouse and other illegal cohabitation
(formerly the no fault party sued for divorce, the other party and others, adultery, illegal cohabitation, the education without repentance, or the fault party sued for divorce, the other party does not agree to divorce, criticism and education or is not allowed to divorce court, the innocent party has sued for divorce, are free and good potential)
Two is the implementation of family violence or maltreatment, abandonment of family members,
There are three gambling habit of taking drugs incorrigible,
Four is the estranged from the age of two years, formerly estranged separated for three years, are free and good potential, or judgment of not divorce and separation for a full year does not perform the obligation of husband and wife,
Five other conditions lead to the breakdown of marriage.
 
 

Other previous judicial interpretations to the breakdown of marriage
One is the lack of understanding of marriage, marriage is not a love, the two sides are the marriage registration, no cohabitation, free and good potential, three is a party were sentenced to long terms in prison, or illegal and criminal acts severely hurt the feelings of the couple, four is a One's whereabouts is a mystery. full two years, Sue divorce each other, the the announcement does not find the whereabouts of five couples each other, is subject to abuse, or abuse other relatives, or suffer from other relatives, abuse, education does not change, the other party does not understand. Can be regarded as the breakdown of marriage.

To annul the marriage of a category (used to be included in the scope of divorce shall be granted if the)
One is a party with the statutory prohibition of marriage disease, or a physical disability or other reasons not to have sex, and difficult to cure, two is premarital know each other have a mental illness, the treatment does not heal, or know each other before marriage is mentally ill, or marriage is insane, permanently, three is a lie to each other or the marriage registration fraud, four is arranged marriage, divorce immediately after marriage party, or while living together for years, but has not been established couples
For one party can not bear, a party who is suffering from a serious disease and the family cannot afford the medical expenses, the legal situation not divorce

Appropriate restrictions on the right to divorce
The right to request the divorce restrictions, but the prosecution shall be accepted
 The military spouse desires a divorce, the soldier commits a serious fault, may be granted a divorce, in addition, it must obtain the consent of the military agreement (the spouse of an active serviceman divorce shall obtain the consent of the servicemen consent or can prove that the military has great fault).
"The army to carry out an opinion" marriage law trial involving military divorce case, should pay attention to the relevant approval or certification procedures are available

Divorce litigation limit
The husband may not apply for divorce in general, a woman is pregnant, the two is a year after birth, marriage is not full a year, three is the termination of pregnancy within six months after the. If the woman has a serious fault, the court deems it necessary to accept the divorce request, the court may also accept. In these three cases, the woman can put forward a divorce
The judgment does not divorce mediation divorce, withdrawal or by withdrawing treatment of divorce cases, no new case, new grounds, the plaintiff six months and prosecution, shall not be accepted.
Special provisions of divorce proceedings
We must carry out mediation
Whether or not a public hearing can choose
If I appear in court or to submit written opinions
Agency authority restriction
One of the parties to end the lawsuit of death
The dissolution of the marriage decision does not apply for retrial
The qualification problem without full civil capacity person lawsuit
(Chongqing: no civil capacity may be as a defendant in litigation, the plaintiff is required as the two different processing, such as wedding before there is no capacity for civil conduct reason, should initiate invalid marriage suit, if after marriage exists, should change their spouse's custody, after the change Guardian without person of civil action competence to initiate divorce proceedings)

The joint property of husband and wife to determine standard
The scope of the joint property of husband and wife
Wages, bonuses
Production and management of income
The proceeds of property (property income actually received or is clearly obtained during the existence of marriage,)
Inheritance or gift from the property (specify all belong to one party, except)
Other property that shall be jointly owned

Other property that shall be jointly owned
One is a party to the personal property investment gains,
Two is the housing subsidies or housing provident fund
The three sides are actually obtained or shall obtain the endowment insurance gold or bankruptcy costs.

Special joint property of husband and wife (separability of cause, due to the work of buy and personal) in marriage should be common to all
Issued to soldiers under the name of the demobilization fee, choose fee until the one-time charges, in the marital relationship years multiplied by the average amount of income, is the common property of the couple. For example, a cost of 100000 yuan, the couple life is 10 years, 20 years at the military. Is calculated as =10* = 100000/ (70-20)
The Chongqing rules: one of the spouses during the marriage made the land acquisition costs and land compensation fees refer to.
Chongqing: a reference to the implementation of provisions of the buyout

 

The general personal property
Party premarital property
One party because of physical injuries for medical expenses, disability living allowance and other expenses
Determine the only party property wills or grant contract
Supplies a dedicated
The other party shall be the property

Special personal property (personal basic living expenses, there are strict personal property)
Chongqing regulations, laid-off subsidies should not be used as the common property of the couple
The regulations, military casualties insurance, disability benefits, medical allowance belongs to personal property

The qualitative principle the joint property of husband and wife
Priority of agreement
Can not prove that belongs to one of the spouses property, the presumption of the joint property of husband and wife
One of the spouses of all property, not because of the continuation of marriage into the joint property of husband and wife
With the personal nature of property owned by individuals, do not belong to the common property of the couple
Common property of the family, should first analyse is produced, and then determine the joint property of husband and wife
One of the spouses premarital personal property, after common management repair business and make the property value, value-added part can be used as the common property of the couple
House: the two sides to the common property acquisition, property rights certificate of registration of a name, as a common property. A party before marriage or marriage to purchase personal property for the purchase of personal property. Parents spend money on purchasing a house before marriage for both sides, the general should be identified as to their own children's gift, marriage is generally recognized as a gift to the couple.
Enjoy the preferential purchase service, belonging to the subsidy policy, non property or property rights, shall not be regarded as the common property of the couple.

The original provisions of demobilized soldiers, the demobilization pay, severance pay: during the marriage, if married less than ten years, is the common property of the couple. Demobilized soldier medical subsidies and production is helpful to charge, all to himself. (the original judicial interpretation, failure)

The original provisions, Party premarital property after marriage, both husband and wife use management, housing and other large production data after eight years, the precious life data after four years, as the common property of the couple. (the original judicial interpretation, failure)

The joint property of husband and wife segmentation standard
Segmentation methods: Protocol segmentation and sentence segmentation. Treatment of the joint property of husband and wife, protocol processing by both parties, the agreement cannot be reached, by the court according to the specific circumstances of property, the principle of decision rights of children and the woman.

Segmentation principles: adhere to the equality of men and women, the protection of the rights of women and children, caring for the no fault party, the parties to respect the wishes of facilitating production, to facilitate the principles of life. The joint property of husband and wife, the principle of equal division. This does not stipulated the division of the couple's joint property caring for the no fault party, the new system of compensation for divorce damage to the no fault divorce compensation.
Exception: a husband and wife were real agreed property system, pay more obligations of a party may request compensation, two is the divorce party has difficulties in life, the other party shall be given appropriate help. Three is a party all the houses during the marriage, divorce party with no room to live for, for temporary, verified the situation can be supported, generally not more than two years.
For the division of property agreement, one party retracts request the change or cancellation, shall be made within one year after the divorce agreement, such as no fraud stress situation, should be rejected sue.
At the time of divorce, one party hidden transfer sale damage common property or forged debt, the other party may request another division of the couple's joint property, people should be less or none. Another limitation for two years, counted from the day the party finds the play.

Object segmentation, segmentation method: the price of gold segmentation, price compensation

The two sides of the housing value and ownership of the common property of the couple's unable to reach an agreement, the people's court in accordance with the following situations respectively:(1) both claim ownership of houses and agreed to acquire the auction, he shall be permitted to;(2) a party claims ownership of the building, by the assessment organization according to the market price of housing assessment, access to housing ownership shall give the other party a corresponding compensation;(3) the two sides not to claim ownership of housing, according to the application of the parties on the proceeds from the auction houses, segmentation.

The housing reform of the housing, the housing mortgage segmentation
The judicial interpretation: divorce, both sides have not obtained the ownership or have not yet obtained full ownership of the housing disputes and the consultation fails, the people's court ruling should belong to the ownership of housing, should be based on the actual situation of the decision to use by the parties.The house as mentioned in the preceding paragraph achieved full ownership, controversial, may bring a lawsuit to the people's court shall.

The high court judge viewpoints: Premarital name of one party to buy and pay for most of the purchase housing reform housing, divorce ruling party all is appropriate, but during the existence of marriage with the couple's joint property to pay the purchase, should consider the market factors of housing prices, on the other side to give reasonable compensation.
To deal with the problem of housing mortgage in divorce cases. In actual judicial practice, there are three kinds of treatment methods,
 
One is the spouse premarital property to the purchase of housing, housing and mortgage loans, married before delivery, shall be deemed to be a party of personal property. After one spouse participated in the liquidation of loans, nature does not change housing for personal property. At the time of divorce, outstanding loans for a personal debt, the return of the loan together, should be returned to the other half.
 
The second is a party before marriage, husband and wife in the name of the individual mortgage loans, and personal property to pay Shoufu 1629, during the marriage with the couple's joint property but also goods, if the marriage of the certificate of ownership housing, should be identified as the joint property of husband and wife, for a party premarital paid 1629, by a party the return half for each other, not loans, as a common debt, by both parties in return.
 
Third, spouse premarital personal property to pay Shoufu 1629, and in his own name in the bank mortgage loans, to pay the purchase of more than half the total housing, whether real estate when delivery and housing property certificate when made, at the time of divorce housing should be recognized as a personal property, outstanding loans for a Party's personal debt. With the community

A lease of public houses by the divorce process1, the couple living together in public, any of the following circumstances, after divorce, both parties shall:(1) before the public houses by the side of the lease, the marital relationship continues to exist for more than 5 years;(2) either side of the lease the units of housing, divorce, the two sides are the employees;(3) a party premarital loan investment housing made public houses by lease, the husband and wife after debt repayment;(4) after one or both parties to apply for public housing tenant rights;(5) lease of public houses by her side, after the lease housing units and housing tenant right;(6) couples units built or joint investment of the total purchase housing;(7) a party to the lease of the units of housing, returned to the unit or to another party, the other party to replace housing units on the other:(8) before both rent a house, married with replacement housing;(9) other couples may be identified as the case.At the time of divorce, both husband and wife are of public housing tenant, such as large area can separate compartment residential use, can be rented by both parties; the other housing rental or transfer can be respectively lessee to another party to solve the housing, may be allowed to.

 

 2, at the time of divorce, one party to the other party premarital of public housing tenant has no right to the problem(1) one party to the other party premarital of public housing tenant has no right to lease, after the divorce should in principle to solve the housing problem by;(2) after the divorce is no room to live, to solve the housing difficulties, can mediate or judgment no lease Party temporarily living in temporary period, generally not more than two years. During the temporary, temporary party shall pay the royalties and rents equal and other necessary expenses;(3) at the time of divorce, one party to the other party before the public houses by the housing no otherwise economic difficulties, such as lease public houses by a burden ability, should give a one-time financial assistance.

The insurance division of the interests of the

How to deal with the problems during the existence of marriage. There are two kinds of views,
 
One is that the joint property of husband and wife, reason is that insurance is largely one of investment policy, especially a large amount and the beneficiary as one party, may be unfair. In practice, some to pay insurance premium division, some of the cash value of the policy to give half of segmentation, most of the cash value of the insurance policy as compensation
 
The second view, does not belong to the joint property of husband and wife, the reason is that the beneficiary has the right, specific, divorce is the joint property of husband and wife are separated, the purchase of insurance is a disposition of husband and wife during the marriage, the two sides of the property, the insured and beneficiary is entitled to claim for the insurance gold, this also in accordance with the real intention to buy insurance when couples, so it can not be identified as the joint property of husband and wife.

3, on the adjustment and change of units from the housing rental relationsSince the tube housing the people's court in the adjustment and change unit (including unit entrusted property management escrow housing rental relations), it shall seek opinions from the units of the housing. Housing lease modification through mediation or judgment, the lessee shall handle the registration procedures for changes in housing in accordance with the relevant provisions.

Company property division
The people's court hears a case of divorce, relates to the division of common property to the name of one party in a limited liability company investment, the other party is not a shareholder of the company, according to the following situation respectively:(1) if both husband and wife agree to transfer to the capital of part or all of the spouse of the shareholder, more than half of the shareholders, other shareholders agreed expressly waived the preemptive right, the spouse of the shareholder may become a shareholder of the company;(2) the couple on the contribution share and transfer price reached an agreement, more than half of the shareholders do not consent to the transfer, but to the purchase price equal to the amount of contribution, the people's court may transfer the property division. More than half of the shareholders do not consent to the transfer, is not willing to the purchase price equal to the amount of capital contribution, deemed to consent to the transfer, the spouse of the shareholder may become a shareholder of this company.That half the shareholders agree to evidence the provisions of the preceding paragraph, can be a resolution of the shareholders meeting, can also be achieved through other legal means the written statement of the shareholders.
Company property ownership can only belong to the company, the first, second, the couple's joint property investment company and converted into equity, couples can only share three of all, is the divorce case, only to preserve as the common property of the couple's equity, and no direct preservation as outsider company name property.

The division of common property to the name of one party in the partnership enterprise investment, the other party is not the business partner, when the couple agreed, the partnership share of the property of all or part of the transfer to each other, according to the following circumstances respectively:(1) partners agreed, the spouse shall acquire the status of a partner;(2) the other partners do not consent to the transfer, the preemptive right under the same conditions, the income from the transfer of property division;(3) the other partners do not consent to the transfer, also not the priority right to the transferee, but agreed to the withdrawing partner or refund of part of the shares, the return of property division;(4) the other partner does not consent to the transfer, also not the priority right to the transferee, and does not agree with the withdrawing partner or refund of part of the shares, as all the partners have agreed to the transfer, the spouse shall acquire the status of a partner.

The establishment of wholly owned enterprises in the name of one party of investment, the people's court in the division of the couple owned enterprises in the common property, shall handle it according to the following circumstances:(1) a party insists on running the enterprise, carry on the appraisal to the enterprise assets, give the other party a corresponding compensation made by the enterprise party;(2) both sides insists on running the enterprise, in the bidding basis, give the other party a corresponding compensation made by the party;(3) both sides are unwilling to run the enterprise, shall be handled in accordance with the relevant provisions of the "law of the people's Republic of a sole proprietorship enterprise law" etc..
Common debt
Common debt: couples living together for the debt, should jointly repay, property is insufficient to pay the debts, or the property to all, the first agreement, no agreement, by the decision of the court.
Couples living together or to perform maintenance, maintenance obligations and liabilities, shall be deemed to be the common debts.
Personal debt or common debts, consideration should be given to two standard, a husband and wife have no consensus of common debt, two is whether the couple is to share in the benefits of the debt

Common debt and personal debt induction
The conjugal debt in general are (judicial practices)
One of the spouses before marriage debt (for family living together)
Husband and wife for the family to live together
Husband and wife to perform their statutory maintenance, maintenance obligations
To pay for education, training expenses of husband and wife
To pay the proper and necessary social costs
The husband and wife together to engage in production and business activities
The couple agreed to joint debt debt

And personal debt
A party to the husband and wife premarital debt (general)
One of the spouses have no obligation to support people
One of the spouses to raise production and operation activities, income is not used to living together
Wills or grant contract only to the spouse property, collateral contract debt
The couple agreed to by the personal burden of debt law
One of the spouses are not reasonable expenses the debt, debt incurred during the separation period
Other law shall be personal burden of debt

The creditor claims the premarital personal debt into common debt married couples, must prove before debt for family life together

The original provisions, the following is not a common debt, not to escape debt for the purpose, the couple agreed by the personal burden of debt, two is a party to aid with no obligation on the debt of the dear. Three is an unauthorized financing to engage in business activities, and not for the negative life together in debt, four is the other shall be borne by the person liable for the debts of the.
Now, if the creditor during the prosecution of the marital relationship on the name of one of the debt, the general should be treated according to the couple's joint debt. Except two cases, according to personal debt, one is the debtor and creditor expressly agreed to personal debt, two is to belong to the 19 marriage of 3 cases, the implementation of property system of husband and wife, creditors know the contract

After the divorce of couple's joint debt settlement
The couple bear joint and several liability of joint debt
Have the right to recover after divorce
Compensation and appropriate help
Compensation: if the promissory spouse property income property to all, a party to pay more obligations, such as raising children, caring for the elderly, or assisting the other party in work, have the right to claim compensation for divorce.
    Appropriate help: at the time of divorce, one party has difficulties in life, give appropriate help, the other party shall be the agreement of personal property, if no agreement is reached, the judgment of the court.

 Compensation for spiritual damages (compensation for divorce damage)
The exercise of the right to claim for compensation of divorce damage and Application
Unable to prosecute third, only requires the parties that the no fault party spouse shall bear the liability for damages.
Not divorce case, does not support the claim for damages.
During the marriage, divorce and not to prosecute alone for damages, not to support.
If in the agreement the parties expressly waived the compensation for spiritual damages, not to support.
Damages may be prosecuted separately in within one year after the divorce, or is an instance was not mentioned, the second file and cannot reach the agreement, can be prosecuted, and within one year after the divorce be prosecuted.
The defendant as the no fault party put forward a divorce damage compensate request does not constitute a counterclaim, litigation request is implicated in the merger of action

The amount of compensation for mental damage, refer to the following factors
The degree of the infringer's fault
Assault means occasions mode specific circumstances
Tort consequences
Profits of the infringer
Violator's economy ability
The average standard of living of court location

The divorce damage compensation elements, which belongs to the category of tort liability
Marriage law 46, four case of five behavior
1, bigamy; 2, a person who has a spouse living together with others; 3, the implementation of domestic violence; 4, abuse, abandonment of family members.
Third, undo marriage disputes
Sanctions on illegal marriage in 1 measures, one is the annulment, two is the marriage.
2 in case of marriage, stress Party should generally be married within one year after the marriage registration office or to court for annulment of such marriage. Do not apply to limitation of action, the provisions of interruption or.
3 invalid or revocable marriage, invalid from the beginning, does not have the rights and obligations between the parties between husband and wife. Cohabitation of property during the first agreement, no agreement, by the court to take care of the principle of innocent party ruling. Disposing of property is invalid for marriage caused by bigamy, lawful marriage shall not be infringed upon the property rights of the party. The children of the marriage invalid, provisions of marriage law about parents and children.
Fourth, the invalid marriage disputes
One is that both men and women have to register
Two is the bigamy,
Three is the prohibition of marriage between relatives
Four come with sb. have premarital medical diseases should not marry, marriage does not cure
Five is not in the legal age for marriage.
Fifth classMarital registration divorce property disputes
Agreement within one year after the divorce property back, request the change or cancellation of, if there is fraud stress, can support.
Sixth, remove illegal cohabitation disputes
Before 1.1992 years in February 1st, part of that fact marriage relationship. Before March 15, 1986,, without marriage registration office, but meet the statutory conditions of marriage in action, can be identified as fact marriage relationship. Then, without marriage registration office, meet the statutory conditions of marriage cohabitation, can be identified as fact marriage relationship.
After 2.1994 years in February 1st, no longer recognize the fact marriage relationship, if not the marriage registration, are illegal cohabitation.
Raising 3 children born out of wedlock.
The 4 division of property: general common processing.
5 remove the illegal cohabitation, a party in the cohabitation period with a serious disease, not cure, should the property be taken care of or to give a one-time financial assistance.
6 the parties alone sue the disarmament of illegal cohabitation, the court shall not accept the. But if a person who has a spouse living together with others, the court should accept and be lifted. As a result of cohabitation period division of property or child custody disputes lawsuit, the court should accept the.
Seventh kinds of marital property agreement disputes
1Agreement obtained during the existence of marriage and the property of premarital property, is binding on both parties.
Eighth kinds of marital autonomy disputes
1Marital autonomy is also called the freedom of marriage.
Ninth types of support, custody disputes
The couple have their obligations
Maintenance, maintenance relationship disputes including confirmation, modification and termination of three cases.
After the divorce, child support: after divorce, breast-feeding period in children, breast-feeding mothers with the principle of dependency.
Maintenance fee: after divorce, child custody of a party, the other party shall undertake a part or all of the necessary living expenses and education expenses. The cost and duration, antecedent agreement, no agreement, by the decision of the court.
Children can be in when necessary, may reasonably require over proposed agreement or judgment amount to either parent. By agreement or decision constraints.

Tenth kinds of nurturing fee dispute (child custody)

Determine the standard after the divorce, child custody ascription
(1993) No. 30 paper

1Two years of age children, the mother party general life, unless the parent is serious diseases Jiuzhibuyu, or maintenance conditions not the support obligation, or for other reasons.

2More than two years of age, parents should be considered both ideology and moral character, ability to raise, the living environment, and the feelings of the children. The following conditions may give priority to, one party has no fertility, two children live a long time, three is no other children, and they have other children, four is a serious disease on the other side there is persistent, five children with single parents or grandparents living together for many years and grandparents and requirements and have the ability to help support

3, more than ten years of age, should be considered in children
4, the agreement in raising children, such as both sides refused to raise, the court may be held temporarily by Party raised
5, had been brought up in a stepchild, stepfather or stepmother does not agree to continue to support, raised by the father or mother
6, the adoption law before the implementation, a party adopted other opposition, formed in the adoptive relationship, after divorce by the burden of upbringing fee for the children, if one party to adopt each other against, after divorce by raising the child adoption.
Adoption law, no de facto adoption, adoptive parents after divorce, both sides still have the duty to rear children.

After the divorce, child support change criterion
After divorce, one party requests to change the child support relationship, should be prosecuted. Any of the following circumstances, it shall be supported:1, living together with their children suffering from serious illness or a party because of disability to continue to support their children;2, and children living together of one party does not fulfill their duties or abuse of children's behavior, or their children living together with the physical and mental health of children have adverse effects;3, more than ten years of minor children, let the other party, the party has the ability to raise the;4, there are other justifiable reason to change.

After the divorce, child support problem
Upbringing fee for the children to determine the amount of the standard, according to their actual needs, the burden ability, and the local actual life level, the fixed income, monthly income of 20 - 30% payment, more than two children, can improve the ratio but shall not exceed 50% of total monthly income. No fixed income, according to the total income of the same industry or determine the average income.
 Maintenance fees should be regularly pay, conditions can be a one-time payment.
The party with no income or One's whereabouts is a mystery., available financial allowance for child support.
Both parents can deal with a life by children and child support all maintenance fee burden. But verified, raise party support ability obviously can not guarantee children costs, affecting the healthy growth of children, not to allow.

Alimony payment term

General to children eighteen years of age.
More than sixteen years of age under eighteen years of age, with their labor income as the main source of income, and to maintain the general standard of living, parents can stop payment of alimony.
Not yet independent living adult children (still in school to accept high school education and education)
Lost or not completely lost the ability to work for non subjective reasons and unable to maintain a normal life, parents and payment capacity, shall still pay the necessary maintenance fees

Child support payment of fees to determine the standard way
Should be regular payment, the conditions can be a one-time payment, the party with no income or One's whereabouts is a mystery., available financial allowance for child support

The child support standards determine the increase, reduce, exempt
Children in the following circumstances, can increase nurturing fee, one is the original amount is not enough to sustain the actual standard of living of the local, is more than two when the original amount of actual needs, there are three other justified reasons.
When one party does not in accordance with the decision or agreement to pay maintenance time, may request a reduction or exemption

 

Children's surname: not because of change of surname. Nurturing fee, and if the change shall be ordered to restore original name. At the same time this problem, there are different

Visitation right
Does not directly bring up the children's parents have the right to visit the children, the other party has the obligation to assist.
Time advance agreement, no agreement, then the decision.
The court according to the specific circumstances, can suspend or resume to visit to visit.
Visitation can separate prosecution.