After the divorce of the husband and wife, if the two parties have agreed on the maintenance of the child or the court has made a relevant judgment, can the child request an increase in the maintenance due to the increase in the cost of living?
Netizen consultation:
Can a child claim alimony in excess of what was agreed in the divorce agreement?
Lawyer answers:
Yes, under certain conditions. According to the provisions of China's Civil Code, if the children are directly raised by one party after divorce, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties;If the agreement is not reached, the people's court shall make a judgment. Generally, alimony is a fixed amount agreed upon or determined by judgment at the time of divorce, but it is not set in stone. In the event that there is a need for an increase in the cost of child support such as going on to higher education, the child shall not be prevented from making a reasonable request to either parent for more than the amount originally agreed upon or judged, if necessary.
Therefore, under certain conditions, the child may demand alimony in excess of what was agreed in the divorce agreement.
Lawyer adds:
What are the rules for child custody in a divorce?
The ownership of custody of the divorced children is negotiated by both parents, and if the negotiation fails, the court needs to make a judgment. The court's decision on the ownership of custody is generally based on the principle of being conducive to the growth of the child, and for children under the age of two, it is generally awarded to the mother.
The mother may also live with the father if she has one of the following circumstances:
1) Suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them;
2) The father has the condition to support the child and does not fulfill the obligation to support him, and the father requires the child to live with him;
3) The child is unable to live with the mother due to other reasons.
2. For children who have reached the age of two, both the father and the mother request to live with them, and one of the following circumstances may be given priority:
1. Have undergone sterilization or have lost fertility due to other reasons;
2. The children have lived with them for a long time, and changing the living environment is obviously not conducive to the healthy growth of the children;
3. There are no other children, and the other party has other children;
4. The child lives with him/her, which is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious disease that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health, and it is not suitable to live with the child.
In the event of a dispute between a minor child who has reached the age of eight living with his or her parents, the child's opinion shall be taken into account.
Laws and Regulations] Civil Code of the People's Republic of China
Article 1067:Where parents do not perform their obligation to support them, minor children or adult children who are unable to live independently have the right to demand that their parents pay child support.
Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties;If the agreement is not reached, the people's court shall make a judgment. The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.
Article 58 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China.
In any of the following circumstances, where a child requests an increase in child support from a parent who can afford it, the people's court shall support it:
1) The amount of alimony originally set is not sufficient to maintain the actual standard of living in the locality;
2) The actual needs of the children have exceeded the original amount due to the child's illness or schooling;
3) There are other legitimate reasons for the increase.
Profile of lawyer He Xin
Economic disputes such as construction projects, creditor's rights and debts.