He, who lives in zhijin county, Bijie City, Guizhou Province, married Liu, a woman from the same village, many years ago. Like many locals, he and Liu go out to work to earn money to support their families. After leaving three children behind in succession, Liu took part in the work and became the main labor force in the family.
However, when the moon is full, people will change. In these years of working outside the home, the relationship between husband and wife has gradually changed from strong to weak, and there are more and more bumps. Finally, due to other reasons, the marriage life of the two parties came to an end and divorced on 20 19 1. At that time, it was agreed how to raise the three children, and mother Liu paid 1500 yuan for the three children every month until they reached adulthood.
Because Liu was going out to work at that time, he paid the maintenance fee for the next year to He in advance on the day of divorce. However, after Liu arrived at the big construction site, he repeatedly contacted and asked to chat with his children, but he was stopped. In short, he refused to put his children on the phone, which made Liu angry.
At the beginning of 2020, affected by the epidemic, Liu did not go out to work for the time being after returning to his hometown. After the epidemic eased, Liu contacted He and asked to see the children, but he was still refused and said many ugly words. The contradiction between the two sides is getting deeper and deeper. When the alimony was paid in the second year, Liu chose the cold treatment and let him say whatever he wanted, but he didn't give money anyway.
It seems that these two people are in trouble because they have never been able to get the money. He filed a complaint against Liu and asked Liu to pay the arrears of maintenance. However, after Liu appeared in court, he claimed that he refused to pay alimony because he had not allowed himself to visit his children before. This should be his own right. If he doesn't let the baby see it, he won't give money and has the ability to raise it himself.
So, is Liu right? After divorce, if one party refuses the other party's right to visit, does the other party have the right not to give alimony? At first glance, this is quite reasonable and fair. It seems that these two rights are equal and there is nothing wrong.
Having said that, the beneficiaries of these two rights are different. Visiting right is the right of parents or guardians to visit their children or relatives, and support is the obligation of parents to help their minor children financially. The two are completely different things and cannot be confused.
According to the law of China, the relationship between parents and children is not eliminated by the divorce of parents. It is both a legal right and an obligation for divorced parents to support, educate and protect their children. Support mainly includes living expenses, education expenses and medical expenses, which can be increased according to the actual situation. If college students are seriously ill, these expenses must be increased and borne by both parties.
Generally, child support is paid at the age of 18. However, if the child cannot live independently after 18 years old, parents should also help pay for it. Therefore, paying alimony is a parent's obligation, not a right, and it is a compulsory civil legal act.
Visiting right refers to the right of minor children to visit, contact and meet after divorce, and no one can interfere or force them. In addition, the right to visit is not a compulsory act. If a child refuses to meet his divorced parents, one party can't enforce it after applying for visitation rights, except when others interfere.
In this case, it violated Liu's right to visit his children, and Liu resisted by refusing to pay alimony, which obviously did not comply with the law. If he repeatedly obstructed and refused Liu's right to visit, he filed a lawsuit with the court, demanding that he stop interfering and apply for a change of detention if necessary. If we stop paying alimony, it will violate the rights of children.
According to the news of the zhijin county court on June 5438+February 3, 2020/KLOC-0, the court held a court session a few days ago to hear the case. During the trial, through the judge's thinking, he and Liu finally realized their mistakes and were willing to reach a pre-trial settlement. It means that Liu will no longer be organized to visit his children, and Liu Ye will take the initiative to pay child support in 202016,000 yuan.
Husband and wife are important members of the family. Once they break up, it also means that the family is completely decomposed, and the children are the most disadvantaged. In any case, the rights and interests of children should not be a bargaining chip in the struggle between husband and wife. This will not only help, but also deepen the rift in the family, affect the next generation, and even cause the distortion of the child's mind, which is extremely unfavorable to the child's growth. It is really not worth the loss!