After marriage, the normal phenomenon should be that both parties obtain financial resources through their own work efforts and bear the responsibility for the family's expenses. However, there are also some families where the husband only works outside the home and the wife has no income. Source, some husbands will refuse to provide alimony to their wives. So, what should I do if my husband doesn’t pay alimony after marriage?
Netizens asked: What should I do if my husband does not provide living expenses to support the family after marriage and pays all the salary subsidies himself? Can he sue?
Lawyer Yi Shu from Yunnan Yicheng Law Firm answered:
If the husband does not pay living expenses after marriage, he can directly go to the court to file a lawsuit for divorce and require the husband to pay all living expenses. If the other party fails to fulfill the deadline, If the court's judgment is not fulfilled within the deadline, you can apply to the court for compulsory execution. Child support can be claimed in a marriage if one party's behavior constitutes a refusal to fulfill the child support obligation. In this case, prosecution in court will be supported.
Article 3 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (3)" stipulates that during the existence of the marriage, either one of the parents refuses to perform the obligation to raise the children. , if a minor or a child who is unable to live independently requests the payment of child support, the people's court shall support it.
The standard for alimony payment is generally 20%-30% of monthly salary income. For those with a fixed income, alimony can generally be paid at a rate of 20% to 30% of their total monthly income. For those who have the responsibility to support two or more children, the proportion may be increased appropriately, but generally it shall not exceed 50% of the total monthly income. If there is no fixed income, the amount of child support can be determined based on the total income of the year or the average income of the same industry, with reference to the above ratio.
Lawyer Yi Shu’s analysis:
Article 7 of the “Several Specific Opinions of the Supreme People’s Court on the Handling of Child Support Issues in Divorce Cases Heared by People’s Courts” stipulates: The amount of child support shall be determined according to the child’s Determined by the actual needs, parents’ affordability and local actual living standards.
For those with a fixed income, alimony can generally be paid at 20% to 30% of the total monthly income. If the child support is borne by more than two children, the proportion may be increased appropriately, but generally it shall not exceed 50% of the total monthly income.
If there is no fixed income, the amount of child support can be determined based on the total income of the year or the average income of the same industry, with reference to the above ratio.
If there are special circumstances, the above proportion can be appropriately increased or reduced.
Alimony does not only refer to living expenses. Article 21 of the Interpretation of the Marriage Law (1) clearly stipulates that "alimony" includes living expenses, education expenses, and medical expenses. Therefore, in addition to living expenses, education expenses and medical expenses must be fully considered during divorce, and the proportion of alimony should be increased appropriately within the range of the standard (20%-30% ratio).
Article 8 of the "Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases Heared by People's Courts" stipulates: Child support shall be paid regularly, and may be paid in one go if conditions permit.
Article 9 stipulates: If one party has no financial income or his whereabouts are unknown, the property he or she carries can be used to offset the child support.
According to the above regulations, alimony is generally paid on a monthly basis, and is paid into a special account for child support every month or paid when visiting the children. In practice, many parties require the other party to pay alimony in one go Firstly, it saves you the trouble of asking for money, and secondly, it can be offset against the house payment paid by the other party. However, whether to adopt a one-time payment, the court depends on the other party's actual ability to pay and the other party's attitude. The court will not award a lump sum if the parent who does not have direct custody of the child does not agree.
Article 21 of the "Judicial Interpretation of the Marriage Law" The "support expenses" referred to in Article 21 of the Marriage Law include the children's living expenses, education expenses, medical expenses and other expenses.
For those who are still studying in high school or below, their education fees will be borne by the children, but the extra fees paid for attending aristocratic private schools or aristocratic schools, or the extra sponsorship fees paid due to unsatisfactory test scores , does not fall within the scope of alimony.
If a child goes to school without the consent of both parents, the parent who disagrees does not have to pay the tuition, but the parent who agrees can pay the tuition.
Alimony is limited to the expenses required by the children to purchase computers, mobile phones, etc., travel expenses, commercial insurance expenses, etc. These fees have no legal basis and parents can refuse to pay them.
Medical expenses for children suffering from major or terminal illnesses are limited to the extent that social medical insurance can reimburse them. For example, the expenses for a child suffering from renal failure and needing a kidney transplant, the expenses for a child suffering from leukemia and needing a bone marrow transplant, etc. are not included in this category. When it comes to alimony, parents are only morally responsible for bearing the costs, but have no legal obligation to bear the costs. Graduated from Southwest University of Political Science and Law and started practicing law in 1994. He has been working as a lawyer for more than 20 years. He has defended Rao Jintao in many criminal cases such as suspected telecom card fraud. His professional expertise is in criminal, civil litigation, financial legal affairs, corporate legal counsel, etc. He has a wide range of experience Legal interpersonal resources, strong communication and coordination skills