We never advocate divorce, nor do we advocate that the parties talk about divorce easily, but when domestic violence and extramarital affairs strike, seriously eroding marriage and causing emotional breakdown, we really need to think more about ourselves and our children.
It is an indisputable fact that human nature is selfish.
Since divorce will cause long-term harm to children, the original intention of writing this article is whether we should strive for more alimony for children when the other party's economic income is considerable.
But in reality, even if the other party's economic income is considerable, for various reasons, the standard of alimony payment decided by the court will be disappointing. Why on earth is this?
Of course, this is not only because the other party did not truthfully disclose his real income to the court or the court did not examine his income, but also because in divorce cases, the most easily overlooked link is the investigation, proof, cross-examination and debate on alimony, which the judge did not take as the key review and the two sides did not argue. Everything is so understated, and the result can be imagined. ......
Many customers or friends ask me, how does the current law stipulate alimony? How much support can their children get?
I usually say it depends on which court accepts it. In Guangzhou, for example, the alimony awarded by Tianhe court is generally 3,000-4,000 yuan, Yuexiu court is generally 2,500-3,500 yuan, Baiyun, Haizhu, Huangpu and Liwan courts are generally 2,000-3,000 yuan, Panyu and Huadu courts are generally1500-2,500 yuan, and Zengcheng courts are generally the same.
I represent many divorce cases from other places every year. There is a case that happened in Jiangxi. In private discussions with the judge, the judge bluntly said that the alimony we awarded was not higher than that in 800 yuan, regardless of the other party's income, and was deeply surprised that we advocated the alimony standard of 2,500 yuan per month.
Similarly, we also represented a child support dispute of cohabitation in the local court of Xi 'an, and the alimony we demanded was 6,543,800 yuan, which the judge could not understand at all. According to her, this appeal is somewhat difficult for her.
My team and I have also represented many cases in which 10 thousand alimony was awarded. In 20 18, I even represented a divorce case, with alimony totaling more than 4.8 million.
There are so many differences in the judgment standards of alimony by local courts, so how is the law stipulated?
At present, the legislation on the amount of alimony still stays in the relevant provisions of "Several Specific Opinions of the Supreme People's Court on Children's Support in Divorce Cases by People's Courts" published by 1993.
Among them, Article 7 of the "Specific Opinions" stipulates that the amount of child care fees can be determined 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.
This is easy to understand. For example, the wage income of the party who does not directly take care of the children is 1000 yuan per month. According to the above-mentioned legal provisions, it should bear the maintenance fee of 2,000 yuan to 3,000 yuan.
Then the problem is coming. What if his salary is 50 thousand yuan a month? What about 65438+ ten thousand yuan? What about 500 thousand yuan? Can I still pay alimony at the rate of 20%-30%?
Obviously, in judicial practice, no judge dares to make such a judgment. This is because, according to the above-mentioned legal provisions, the first principle to determine the amount of maintenance is the actual needs of children, followed by the income status of parents. The alimony standard of 20%-30% is generally acceptable, which does not mean that it must be adopted.
Therefore, in order to get high alimony, it is far from enough to rely solely on the other party's income.
So, what are the valuable skills to win high alimony? Let me share them with you:
Selective regional prosecution
In principle, divorce proceedings can be conducted at the defendant's domicile or his habitual residence. If the defendant has left his domicile for more than one year, he may bring a suit at the plaintiff's domicile. Anyone claiming alimony may bring a suit at the plaintiff's domicile. This is about the jurisdiction of divorce proceedings and alimony proceedings.
As I said above, courts in different provinces and regions have their own "yardstick" for determining the amount of alimony, while courts in first-tier cities have higher standards for alimony, and it is easier to obtain high alimony by suing in first-tier cities. If the defendant's household registration is in Xi, Shaanxi, but his permanent residence is in Shanghai, it is recommended to sue in Shanghai, and the maintenance standard will be higher.
Choose the court to sue.
Even in the same province and city, due to uneven regional development and different economic development, the courts have different perceptions and views on children's daily consumption level. For example, the defendant's household registration is Panyu District, Guangzhou, but his permanent residence is Tianhe District, Guangzhou. Because Tianhe is the city center and CBD financial district, the consumption level and living standard are naturally higher than Panyu District. If a lawsuit is filed in Tianhe court, the judge's cognitive standard of residents' consumption level is higher, which is conducive to judging higher maintenance.
You can sign a payment agreement for children's living expenses.
Although the current marriage law has not yet clarified the validity of the child's living expenses payment agreement signed within marriage, as long as the agreement does not violate the mandatory provisions of laws and regulations and social good customs, it has legal effect in principle.
Therefore, it can be used as an important reference standard for judges to award the amount of maintenance. Of course, in the agreement, it is best to make it clear that both parties can reach an agreement on the amount of their children's current living expenses, the economic affordability of both parties and the plan for their children's future growth.
Collect children's daily living expenses vouchers
Child support actually includes education expenses, medical expenses, living expenses and other expenses. For the determination of the amount of maintenance, the first consideration is the actual needs of children. Therefore, in the child's growth stage, it is necessary to keep evidence of the child's living expenses.
For example, when it comes to children's education expenses, you can collect children's tuition bills and study-related expense bills; When it comes to children's medical expenses, you can collect medical records and medical bills; Speaking of children's living expenses, you can collect bills about children's food, clothing, housing and transportation.
If you want to fight for a high maintenance fee, you can consider investing more money in your child's actual living expenses so that your child can maintain a high quality of life. Therefore, the court will consider the child's past life and continue to maintain the child's high-quality life in principle.
You can enroll your child in interest classes and training classes, but you must keep the evidence of the decision of both parties.
1993 The standard of alimony stipulated by legislation is mainly to protect children's basic rights in life, education, medical care, etc., and it should be a reasonable and necessary living expense, not a right to life higher than the normal standard.
But in recent years, the concept of raising has changed greatly. In order to prevent their children from losing at the starting line, many parents began to shift the focus of family expenses to their children and give them various interest classes and training courses.
Whether these expenses are tens of thousands of yuan is controversial. However, in this case, considering the continuity of children's study, the court supported in principle to continue to pay the study fees of the agreed courses.
Therefore, in the child's growth stage, you can properly enroll the child in interest classes and training classes, and keep records of conversations with your spouse, so that even after divorce, you can get more support from your child's study, so as not to let your child interrupt his studies and lose his superior learning environment.
Financial insurance can be given to children, but evidence of mutual decision should be kept.
Similarly, many parents will invest in various financial insurance for their children after their children are born. The annual renewal of these insurances is mostly tens of thousands of yuan, and it is also several thousand yuan per month, which is a large proportion of expenses for both parties. But at the time of divorce, the party who doesn't live with the children directly is almost "cold feet" and unwilling to bear the insurance premium of the children. Whether the insurance premium belongs to the actual needs of children is also controversial.
However, in practice, if one party can prove that the child's insurance is the result of the unanimous decision of both parties, most courts will support the inclusion of this part of the expenses in alimony, unless the economic conditions really do not allow it.
Pay attention to collecting evidence of the other party's income and apply to the court for investigation and evidence collection when necessary.
Usually, we should pay attention to the other party's income, including work unit, position and income, and consciously collect the other party's employment notice, labor contract, salary payment form, payroll, salary flow and work certificate.
If the other party fails to truthfully state his real work income in court, he can show the above evidence, even apply to the court for investigation and evidence collection at his work unit, or entrust a lawyer to go to the bank unit to obtain the bank card transaction record of his salary payment.
At the same time, it can not be ignored that housing provident fund, bonuses and allowances are also part of income.
For housing provident fund, you can entrust a lawyer to the local provident fund management center for investigation and evidence collection.
Here, only by mastering each other's real income can we safeguard the interests of children to the greatest extent and get higher alimony.
Pay attention to collecting evidence of the other party's property status and apply to the court for investigation and evidence collection when necessary.
We have represented some cases, but the other party's income is not high, but he has accumulated a lot of property in the early stage or obtained it through other means, and his family is still relatively rich. Here, the judge can judge whether he can afford it by listing his assets, which is also an effective way to win high alimony.
In the trial statement, we should emphasize the superior income ability of the other party and avoid pestering the actual needs of the other party's children and the actual living standards of the local area.
After hundreds of attempts, we all found that the other party would come up with the data of local residents' consumption expenditure to argue that they don't have to pay more alimony, which can completely meet the local living standard, or that the actual needs of their children are not so much. The other side's statement is really not conducive to our fight for high alimony, and it is also easy to attract the attention of judges. Because the factors that determine the amount of alimony include the actual needs of children and the local living standards.
If we continue to argue about the actual needs of children and the local living standards, we will only get deeper and deeper and cannot justify ourselves. We should change passivity into initiative, emphasize that the other party has superior income ability and economic ability, and provide superior living conditions for children within the ability of parents, which is more conducive to the healthy growth of children. As long as the court fully agrees that the higher the amount of alimony, the greater the positive impact on children's growth, and the court is more likely to support the idea of high alimony.
The case of providing high alimony for the presiding judge is used as a reference.
Although China is not a case law country, providing valuable cases, such as those of the Supreme Court, the High Court and the Intermediate People's Court, still has certain guiding significance, which can provide reference for the court to judge high maintenance fees and play a certain role in fighting for high maintenance fees.
In addition to the skills I mentioned above, if conditions permit, you can also consider giving birth to your child abroad and sending it to a private school, all of which can win high alimony for your child. Due to space limitations, it is impossible to describe them one by one.
Conclusion:
The healthy growth of children is inseparable from the love and responsibility of parents. If economic conditions permit, everyone hopes that the father or mother can bear more support for the children, so that the children can still feel the eternal love from their parents even after losing their complete family.