The dispute case of concerned children alimony is the commonner type in involving minor civil case, significant proportion is had in overall case. In litigant activity, knowledge of because party is right relevant law is not familiar, the footing of together with both sides and litigant goal are different, caused problem of female alimony of party two pairs to be put in a variety of understanding errors, increased the cognizance difficulty of filial alimony case thereby.
Error one: After the amount classics court of alimony adjudicates, cannot ask to increase again
Basis " marriage law " the 37th the 2nd section provision, about filial living cost and the agreement that teach cost or court decision, not cloggy children is in the reasonable requirement that any one party put forward to exceed an agreement or adjudicates former destiny forehead to parents when necessary.
In trying practice, when children has warrant to request parents to increase allowance, decide formerly for instance cradle cost amount can't maintain local actual living standard, or because of filial sicken, go to school, real need decides amount formerly more than, the court is considering each foundation of square element integratedly to go up, undertake proper addition to the amount of alimony.
Error 2: Alimony is daily living cost of children only, the charge such as education and medical treatment should pay additionally
Basis " marriage law " relevant judicatory explanation, alimony includes the charge such as expenses of filial living cost, education, medical treatment cost, accordingly, alimony is an omnibus charge. But in judicatory practice, partial party expends alimony, living cost, medical treatment and the concept such as educational expenses is promiscuous, while requirement the accused just pays allowance, often still ask the other side pays medical treatment the other fee such as cost, education expenses additionally.
Be aimed at this kind of case, the court is considering capacity of economy of parental both sides, children commonly on the foundation of real need and local standard of living, determine the amount of an alimony, and the other suit request that rejects accuser.
Error 3: The university on children, parents still should pay tuition and living cost
According to our country " marriage law " the 21st the 2nd section provision, parents assumes duty to rear minor to seeming or the children that cannot live independently.
Basis " marriage law " relevant judicatory explanation, "The children that cannot live independently " , it is to point to still be in school accept high school to reach its education of the following record of formal schooling, perhaps be lost or lose work not completely because the blame such as ability is subjective the grown children that cannot keep normal life consequently formerly.
As a result of the disbursement to alimony the object is ambiguous, part year full the grown children of 18 one full year of life, although already did not accord with the condition that continues to advocate alimony, but still sue parents to ask to pay such as university the fee such as tuition or living cost, below this kind of circumstance, capable to the accused to be willing to continue to pay, the court can respect the desire of party; Bigger to bilateral controversy, the court can grow from hold together kissing affection, children commonly the angle of the grow into useful timber, strengthen pair of bilateral mediation, endeavor to reach the intercessory agreement that both sides can accept.
Error 4: The child is daily all cost, parents wants to assume
The expenditure of the respect such as the daily life that alimony wants to be used at children, medical treatment, education, grow in order to ensure the health of minor. But partial party thinks erroneously, all expenses with daily children, the accused one party has paying obligation, include to exceed children the apparently unreasonable expenditure of basic life demand, wait for charge like the costly tuition of private school, basic to exceeding children at this kind life and the exalted surtax that teach demand are used, the court can be on the foundation that examines its rationality and necessity, the disbursement that considers the accused integratedly undertakes handling after ability and apiration.
Error 5: Alimony includes pair of compensation that raise child one party directly even
Bring up and teach children, it is the right of parental both sides and obligation. For female to stroking nursling directly one party, general meeting pays more time and energy to take care of children, but all expense that are not children all should pay by the other side. Theoretic for, if do not have an agreement, parental both sides should be had to children equal duty to rear.
Basis " marriage law " the 37th the first section provision, after the divorce, the children that one party raises, just answer additionally one of the living cost with necessary burden and educational expenses or all, the how much with deadline accident of load fee, by bilateral agreement; When the agreement won'ts do, by people court court decision.
Error 6: Do not let visit the child, need not give allowance
After the divorce, parents still has the right that bring up and teachs and obligation to children, in the meantime, do not bring up filial father or mother directly, have the right that visits children, other one party has the obligation of assistance. But, in trying practice, partial husband and wife because a variety of reason accumulated rancor are deeper, the one party that raises children directly is met with " do not let visit children " coerce, will force the other side to satisfy some kind of his requirement; Meanwhile, the accused square often unwilling also give the impression of weakness, give tit for tat, with " do not pay allowance " photograph antagonism. Cause bilateral concern finally more close Zhang He is exasperate, cause farther harm to filial body and mind.
In litigant process, the accused should request to undertake counterplea in the light of the lawsuit of accuser directly. Paying alimony and visit children is two disparate legislation impacts, although bring up one party father of children or mother directly, children of visit of obstruct the other side, also cannot make the legal contradictory argument that rejects to pay allowance. Do not bring up filial one party to be able to be sued separately directly, the requirement undertakes visitation to children lawfully. Do not carry out those who concern the court decision that visits children or ruling to refus, carry out compulsively lawfully by people court.
Burst of parental divorce, family already caused mental harm to the child originally, but if as a result of alimony problem, parental both sides produces contradictory issue again, even try every means escapes two pairs to bring up educational obligation femaly, undoubted little to minor heart, it is serious blow.
The divorce is the thing between adult, the health that does not affect the child accordingly grows.
