During the separation, the non-divorced father refused to pay child support to his son and was sued by his son.
Zhang San and Li Si are husband and wife, and Xiao Zhang is their son. Due to trivial matters, Zhang San and Li Si began to separate, while Xiao Zhang has been living with his mother Li Si. During this period, Zhang San refused to pay Xiao Zhang's various living expenses. As a result, Xiao Zhang sued Zhang San to the court, demanding a monthly alimony of 1,500 yuan. Zhang San asserted at the trial that because he and Li Si were still in their marriage, the property he acquired was the joint property of the husband and wife. He argues that the joint property of the husband and wife has not been divided, and that the maintenance he bears is actually paid out of the joint property of the husband and wife, so there is no refusal to perform the maintenance obligation. However, the court held that both husband and wife have equal rights to the upbringing, education and protection of their minor children, and jointly bear the obligation to raise, educate and protect their minor children. If the parents do not fulfill the obligation to support them, the minor children or adult children who are unable to live independently have the right to demand that the parents pay child support.
The court finally ordered Zhang San to pay 1,000 yuan per month in child support until Xiao Zhang reached the age of 18. It seems that during the separation, the issue of child support should be handled with caution.
During the separation, the non-divorced father refused to pay child support to his son and was sued by his son.
Zhang San and Li Si are husband and wife, and Xiao Zhang is their son. Due to trivial matters, Zhang San and Li Si began to separate, while Xiao Zhang has been living with his mother Li Si. During this period, Zhang San refused to pay Xiao Zhang's various living expenses. As a result, Xiao Zhang sued Zhang San to the court, demanding a monthly alimony of 1,500 yuan. Zhang San asserted at the trial that because he and Li Si were still in their marriage, the property he acquired was the joint property of the husband and wife. He argues that the joint property of the husband and wife has not been divided, and that the maintenance he bears is actually paid out of the joint property of the husband and wife, so there is no refusal to perform the maintenance obligation. However, the court held that both husband and wife have equal rights to the upbringing, education and protection of their minor children, and jointly bear the obligation to raise, educate and protect their minor children. If the parents do not fulfill the obligation to support them, the minor children or adult children who are unable to live independently have the right to demand that the parents pay child support.
The court finally ordered Zhang San to pay 1,000 yuan per month in child support until Xiao Zhang reached the age of 18. It seems that during the separation, the issue of child support should be handled with caution.