Where a, judgment by raising questions directly.
On the issue of the child support after divorce, the supreme people's court on November 3, 1993 issued "the supreme people's court of the people's court divorce cases opinions on some specific deals with the problem of child support.The opinion a fairly detailed rules on the court in divorce courts dealing with children.
1, what circumstance, the court will children belong to the woman to raise the possibility of larger?
First, generally within two years of age children with his mother to life.The main consideration children still at infancy, need mother breastfeeding, mothers can give children more considerate and care.
Second, although children less than two years, the woman has to do sterilization, the man did not do, and his age and the age gap is not very big, children more likely to belong to the woman.
Third, the child has lived with his mother, if after the divorce to life with father its effects on the changes in lifestyle and larger, children to belong to the woman.
Fourth, the men and women both parties raising conditions, such as working stability, under the premise of income gap is not big, if the man have fault to husband and wife relationship, for example, there is evidence that having an affair, etc., children more likely to belong to the woman.
Fifth, the man has a bad habits, such as gambling, binge drinking habits, etc.Given its vices have adverse effects on children, the court will generally children belong to the woman.
Sixth, if men and women both parties have no obvious fault, various conditions quite, if the woman thought quality is better, have more time to take care of the children, will be more likely to get the child custody.
7, 10 or more children with the mother's life.
2, what circumstance, the court will children more likely to belong to the man?
First, the woman has a malignant infectious disease, or any other major disease, affect children to grow up.
Second, the woman in the outside don't go home for a long time, not the duty of rearing.
Third, the man has to do sterilization, or loss of fertility.
Fourth, the man older, the chance of birth again small, and the woman are good growth period.
Fifth, the woman has a bad habits or other quality problems, may affect a child's.
Sixth, woman's income is low, and the work is not stable, of no fixed abode.
3, the child's grandparents or maternal grandparents, for custody of the children belong to no more?
In general, parents are directly raising children, grandparents and maternal grandparents, belonging to the child's custody is not directly influence.But if both parents job is busy, and other conditions, child care grandparents or maternal grandparents opinion will have certain effect.
Second, child support payment standard and payment issues.
1, support the standard must be 20 to 30% of the monthly salary income?
According to the opinion of the supreme people's court, for a fixed income, tending generally according to the proportion of twenty percent of the total to 30 to pay.Burden of two or more children tending, proportion can be appropriately increase, but shall not exceed fifty percent of the monthly gross salary in general.
No fixed income, tending the amount of the average income can be based on the total income or industry, with reference to the above proportion.
In practice, many people think that support the other income is 20 ~ 30%.In fact this view is not entirely accurate.In addition to follow the standards of wage income ratio, the child's actual need and the local actual living standard is also very important reference factors.Currently in shenzhen area, for example, a typical family children monthly child support about one thousand yuan or so basically is enough.But if not directly raise children a monthly wages ten thousand multivariate, let them according to their monthly income of 20 ~ 30%, 2000 ~ 3000 yuan to pay child support is obviously not necessary, and child support, or both parties shall bear the obligation.Doctrine, therefore, in the proportion of wage income to calculate child support, is wrong.
2, support the terms of payment are?
Usually pays by the month, for example, in a few months a few days before payment when visiting children, or into the special account of child support.Practice, a lot of the parties to require the other party a one-time pay child support, so that saves on the money, and secondly can pay the other party as the deposit.However, whether or not a one-time payment, the court to see the other person's actual ability to pay, as well as the attitude of the other party.Generally speaking, if the other party will not receive a one-time pay, the court ordered the one-time pay the possibility is not big.
3, support including education and medical treatment?
Practice, a lot of people think that maintenance is the children's living expenses, and education and medical treatment of the other party should pay separately.This kind of idea is wrong.The supreme people's court to explain the (a) in the applicable law, has made clear that support including three, namely living and educational expenses and medical bills.
Three, visitation, how to deal with and master?
General court will of another party in a month one day of weekly or bi-weekly exercise visitation, also may have one or two days visiting hours.If the other party to exercise visitation significantly affect the health the growth of children, or children under 10 years old don't want to be clear of the other party to visit, but otherwise Sue to the court, the court suspended the other side of the visitation.In addition, no one can be deprived of the other party to the child visitation.
Fourth, under what circumstances, the other party may request the court to raise change relations?
1) a party and children live together because of the serious illness or disability are unable to continue raising children;
2) a party and children live together not to raise the compulsory or child abuse, or live together with the children to have adverse effect on their mental and physical health;
3) 10 or more minor children, like to live with the other party, the party and parenting skills.
Fifth, what circumstance, a party may request the court additional child support?
1) was tending the amount is not enough to sustain local actual living standard;
2) because of sick children, to go to school, the actual needs, has more than original amount;
3) any other justifiable reasons shall be increased.For example, the original support is several years or even more than a decade ago ordered standard, has outpaced the amplitude of the rise in prices.
Six, the other income increased significantly, reason is filed additional support?
If, after divorce, the child's side there is no obvious increase income, and not with children one party has greatly increased the income, for example, a car and buy a house, or obtain large income.In this case, with children tend to have the idea of additional support.But did not increase if the child's actual need, the court is generally not pay with kids party this kind of requirement.
Seven, after divorce, took the child one can change a child's name alone?
According to the Supreme Court's judicial interpretation, without name because of the change of their children and the parents refuse to pay their children tending.Father or the mother of one party without authorization will be children last name stepmother or stepfather caused disputes, shall be ordered to restore original name.Therefore, took the child, after divorce, one party claims will not be accepted, the child's name to his name or his surname.
Eight, 18 years or older children to attend school, whether to have the right to ask their parents to support?
According to the supreme people's court about marriage law explanation (a), the obligation of raising children by parents children 18 one full year of life.In general, beyond 18 one full year of life, the parents raised without legal obligation.Including the maintenance during children to college, parents have been unable to set payment obligations.It is pointed out in the Supreme Court's judicial explanation, the child more than 18 years old, still must fulfill their obligation to support parents, refers to:
1) the children to the high school and the following education;
2) children not with subjective reason unable to maintain a normal life.
In the case of not from above, parents for children older than 18 years old, did not fulfill the obligation of raising.