Joke Collection Website - Public benefit messages - How can a divorced man sue for not paying alimony?
How can a divorced man sue for not paying alimony?
1. Consulting a lawyer: First, the woman can consult a lawyer in the relevant field to learn how to take action and the specific prosecution process;
2. Ask for evidence: the woman needs to collect evidence to prove that the man has not paid the maintenance fee, such as bank transfer records and SMS chat records;
3. Submit an application for prosecution: the woman can submit an application for prosecution to the local people's court through a lawyer or herself, and apply for the man to pay the maintenance fee;
4. Waiting for the court to hear: The court will listen to the evidence and opinions of both parties in accordance with relevant laws and regulations, and finally make a judgment.
Child support standards are as follows:
1. If you have a fixed income, you can generally pay alimony at the rate of 20% to 30% of your total monthly income. If the child support fee is borne by more than two children, the proportion may be appropriately increased, but generally it shall not exceed 50% of the total monthly income;
2. If there is no fixed income, the amount of alimony can be determined according to the above ratio and the total income of the current year or the average income of the same industry. Under special circumstances, the above ratio can be appropriately increased or decreased;
3. Maintenance fees are paid regularly, and can be paid in one lump sum if conditions permit;
4. If one parent has no economic income or his whereabouts are unknown, his property can be used to offset the alimony;
Both parents can agree that one parent will directly raise the child, and the direct parent will bear all the child support. However, the people's court will not support the ability of the direct support party that obviously cannot guarantee the needs of the children and affect their healthy growth;
To sum up, if the verdict is to support the woman's request and the man still fails to perform his obligations, the woman can ask the man to pay alimony through court enforcement.
Legal basis:
Article 1084 of the Civil Code of People's Republic of China (PRC)
The relationship between parents and children is not eliminated by parents' divorce. After the divorce, the child is still the child of both parents, whether or not the parents directly raise him.
After divorce, parents still have the right and obligation to raise, educate and protect their children.
After divorce, children under two years old are directly raised by their mothers. For a child who has reached the age of two, if both parents fail to reach an agreement on the issue of support, the people's court shall make a judgment based on the specific circumstances of both parties and the principle of being most beneficial to the minor children. Children over the age of eight should respect their true wishes.
Article 1085
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.
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