"He already knew that the child was not biological, and we discussed who the biological father of the child was when he was pregnant," Li Hongling, a 31-year-old woman, said in court.
Li Hongling and Zhang Dashan are classmates, and the two go their separate ways because of graduation.
In October 2011, Li Hongling and Zhang Dashan reunited because they worked in the same company, and the two quickly confirmed their relationship.
In March 2012, Li Hongling and Zhang Dashan went through the marriage registration procedures, and after marriage, they gave birth to a daughter in October 2012 and a son in October 2015.
After getting married, Zhang Dashan found that Li Hongling was not at ease, and suspected that she had an improper relationship with her colleague Wang Xiaowu, and the two quarreled many times.
In December 2017, Zhang Dashan secretly conducted a paternity test and learned that his daughter was not his biological child.
On January 10, 2018, after mediation by the court, Zhang Dashan and Li Hongling reached a divorce mediation agreement, and the two parties agreed:
1. Zhang Dashan and Li Hongling divorced;
Second, the married daughter lives with Li Hongling, and the second son lives with Zhang Dashan, and each bears the responsibility of raising them;
3. Zhang Dashan is responsible for repaying Li Hongling's loan in a small loan
4. Zhang Dashan was responsible for paying the mortgage money for the house purchased in Li Hongling's name, and after obtaining the property rights of the house, the two parties voluntarily donated it to their second son.
After Li Hongling divorced Zhang Dashan, she went for another paternity test. After identification, Wang Xiaowu is indeed the biological father of Li Hongling's eldest daughter.
On May 6, 2020, Li Hongling filed a lawsuit with the court to sue for a dispute over child support in her cohabitation relationship with Wang Xiaowu.
After mediation by the court, Wang Xiaowu and Li Hongling reached an agreement:
1. The children born to Li Hongling and Wang Xiaowu were raised by Li Hongling;
2. Before August 26, 2020, Wang Xiaowu paid Li Hongling's alimony 4 in three installments40,000 yuan.
3. Wang Xiaowu will pay Li Hongling 8,400 yuan in child support every year until her children reach the age of 18.
In April 2022, Zhang Dashan sued Li Hongling and Wang Xiaowu in court, demanding that they pay unjust enrichment in child support.
Zhang Dashan believes that he was deceived into raising a non-biological child for 6 years and 3 months, and that he fulfilled his statutory support obligations and suffered mental damage on behalf of Li Hongling and Wang Xiaowu, so he demanded that the two defendants compensate 220,000 yuan in child support and 100,000 yuan in mental damages.
Li Hongling argued:
1.When he was in love with Zhang Dashan, he confessed to him, "After drinking once before getting married, I had a sexual relationship with Wang Xiaowu, but only once. ”
2.When Li Hongling was pregnant, she also discussed the biological father of the child with her husband Zhang Dashan.
3.Li Hongling and Zhang Dashan got married in March and gave birth to their eldest daughter in October, Zhang Dashan should know that the child is not his own.
Wang Xiaowu argued:
1.Li Hongling and Wang Xiaowu lived together first, Li Hongling married Zhang Dashan later, and Wang Xiaowu did not destroy Zhang Dashan's marriage.
2.Li Hongling and Zhang Dashan gave birth to a child after 7 months of marriage, which proves that Li Hongling was pregnant before she got married, and Zhang Dashan was aware of this fact and there was no mental damage.
3.Zhang Dashan knew as early as October 2017 that his eldest daughter was not biological, and then signed a divorce agreement with Li Hongling, and the case has passed the statute of limitations.
First, on the issue of the statute of limitations
In October 2017, Zhang Dashan learned through appraisal that the eldest daughter born to Li Hongling was not his biological child.
At this time, Zhang Dashan only knew that his daughter was not his own, and he still had doubts about who the biological father of the "daughter" was.
In May 2019, Li Hongling mailed the paternity test report of Wang Xiaowu's biological father who was her "daughter" to Zhang Dashan.
On April 26, 2022, Zhang Dashan filed a lawsuit with the court, which did not exceed the relevant statute of limitations of "three years for requesting protection of civil rights from the people's court".
It's just puzzling that Zhang Dashan has not moved for nearly three years, but he filed a lawsuit a week before the statute of limitations expired, which can be regarded as a "little surprise" for Wang Xiaowu and Li Hongling.
Second, on the dispute over unjust enrichment
It is the legal obligation of parents to raise their children, and since there is a paternity test, the legal obligation to raise them must be Li Hongling and Wang Xiaowu.
Because of his wife Li Hongling, Zhang Dashan mistakenly believed that his "daughter" was his own, and raised Wang Xiaowu for 63 months on behalf of Wang Xiaowu without legal support obligations.
Li Hongling is the biological mother of her daughter, so the unjust enrichment is Wang Xiaowu, and Wang Xiaowu should pay Zhang Dashan child support.
As for Wang Xiaowu's argument, he had paid child support to Li Hongling, but the agreement was only binding on the two defendants and could not be used against a third party.
Third, on whether Zhang Dashan knew or acquiesced
During the trial, Li Hongling repeatedly emphasized that she had already informed Zhang Dashan that she had sex with Wang Xiaowu after drinking once before she got married, but only once.
When she was pregnant later, Li Hongling also emphasized that she had discussed the biological father of the child with Zhang Dashan.
The first defense for Li Hongling is because during the sexual relationship between Li Hongling and Wang Xiaowu, it was also the period when Li Hongling and Zhang Dashan were in love.
It is possible that Li Hongling "confessed" to Zhang Dashan that she had a relationship with others, but her statement does not mean that Wang Xiaowu is the biological father of the child.
Li Hongling pointed out that she and Zhang Dashan became pregnant and gave birth to a child after 7 months of marriage, so as to prove that Zhang Dashan knew that the child was not his own.
As far as modern society is concerned, Li Hongling may also be "married to her son", and Zhang Dashan may have had a sexual relationship with Li Hongling long before marriage.
Otherwise, even if Zhang Dashan doesn't care about Li Hongling's past, he will at least let Li Hongling have an abortion.
As for the biological father who discussed the child with her husband during pregnancy, it was even more incredible.
In the end, the court ruled that Wang Xiaowu should return Zhang Dashan's alimony 430,000 yuan.
(The characters in the article are pseudonyms, ** unrelated).