Q: My ex-husband and I divorced on 20 16. The agreement stipulates that my daughter will be raised by me, but there is no agreement on alimony. Now that her daughter is ill, her ex-husband refuses to pay the medical expenses. What should I do?
Lawyer on duty of Linquan Legal Aid Center: Han Xiaojing, Anhui Jiang Shang Law Firm.
Lawyer Han Xiaojing answered: The daughter's father has the obligation to pay the child's medical expenses and can coordinate. If the coordination fails, it can be settled through litigation.
Lawyer Han Xiaojing suggested that you can file a lawsuit in the name of your daughter and ask her father to pay alimony (living expenses, education expenses, medical expenses). Those who refuse to execute the alimony judgment or ruling may apply to the people's court for compulsory execution according to law. If the consultant has financial difficulties and can't afford a lawyer, he can apply for legal aid at the legal aid center, which will assign a lawyer to represent the case.
Legal aid services are on your side.
Lawyer Han Xiaojing reminds: 1. Article 37 of the Marriage Law stipulates that after divorce, the children shall be raised by Party B, and the other party shall bear part or all of the necessary living and education expenses. The amount and duration of the expenses shall be agreed upon by both parties. If there is no agreement, the people's court will not make a judgment. The agreement or judgment on children's living expenses and education fees shall not prevent children from making reasonable demands to their parents to Party B beyond the original agreement or judgment amount when necessary. 2. the Supreme People's Court's interpretation of Article 21 of the Marriage Law stipulates that "alimony" as mentioned in Article 21 of the Marriage Law includes children's living expenses, education expenses, medical expenses and other expenses.
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Editor of this issue: Cheng Guanyu