Plaintiff: XXX
Legal representative: XXX
Defendant: XXX
Litigation request:
1. Request the court to order the defendant to pay the unpaid maintenance fee of RMB XXX, and pay the maintenance fee for the remaining years in one lump sum, totaling RMB XXX.
2. The litigation costs in this case shall be borne by the defendant.
Facts and reasons:
The defendant and XXX got married on XX, XXXXX, and the plaintiff was born on XX, XXXXX. The defendant and XXX divorced because of emotional disharmony with XX. According to the divorce agreement, the plaintiff will be raised by XXX, and the defendant will pay the plaintiff's alimony to 360 yuan every month. In case of major expenses, the defendant and XXX shall each bear half and fulfill the obligation of support. After the divorce, the defendant repeatedly defaulted on the alimony paid, and now he has accumulated arrears of XXX yuan since XX. For the sake of the healthy growth of the plaintiff, the defendant now sued the court and asked the court to order the defendant to pay the unpaid maintenance fee of XXX yuan. At the same time, in view of the defendant's previous arrears, in order to protect the plaintiff's future life, the court is requested to order the defendant to pay the plaintiff 18 years old with fixed monthly alimony (excluding major expenses).
I am here to convey
XXX people's court
Tangible person: XXX
XXX year, XX month, XX day
What are the regulations on child support in China?
(a) the content of the maintenance fee
Support, including children's living expenses, education expenses, medical expenses and other expenses, so the expenses necessary for the growth of minor children belong to the content of support, and the view that only living expenses and tuition fees are borne is wrong. After divorce, if the children are directly raised by one party, the other party shall bear part or all of the support. The amount and duration of the expenses shall be agreed upon by both parties; If the agreement fails, the people's court shall make a judgment. The agreement or judgment stipulated in the preceding paragraph shall not prevent the children from making reasonable demands to either parent over the original agreement or judgment when necessary.
(2) Time for payment of alimony
Children who are underage or unable to live independently can ask their parents to pay alimony. Children who cannot live independently refer to adult children who are still receiving high school education or below, or who cannot maintain a normal life due to non-subjective reasons such as loss or incomplete loss of working ability. For college students, it is generally believed that they are not within the prescribed scope because they have the ability to earn labor income. However, due to insurmountable objective reasons such as study, parents can also be required to pay alimony according to law. According to the law, alimony should be paid until the child can live independently.
(three) the determination of the amount of support paid by the party who has not directly raised the child.
The amount and period of maintenance paid by one spouse shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment. According to the actual needs of children, the affordability of both parents and the actual living standards in the local area. If you have a fixed income, you can generally pay the child care fee according to the proportion of 20% to 30% of the total monthly income. Bear the one-child health care costs of more than two children, the proportion can be appropriately increased, but generally not more than 50% of the total monthly income. No fixed income, can refer to the above ratio, according to the total income of the year or the average income of the same industry to determine the amount of conservation fees. Under special circumstances, the above ratio can be appropriately increased or decreased.
(four) the maintenance fee can be changed (increased) according to law. After divorce, if the children ask for an increase in child care fees, and negotiation fails, they can bring a lawsuit to the court. The statutory reasons for the increase are:
(1) The original amount of childcare fee is not enough to maintain the local actual living standard;
(2) The actual demand has exceeded the original amount due to the child's illness, school and other reasons;
(3) there are other legitimate reasons that should be increased.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 1085 of the Civil Code.
After divorce, if the children are directly raised by one party, the other party shall bear part or all of the support. The amount and duration of the expenses shall be agreed upon by both parties; If the agreement fails, the people's court shall make a judgment.
The agreement or judgment stipulated in the preceding paragraph shall not prevent the children from making reasonable demands to either parent over the original agreement or judgment when necessary.