Author: Gui Fangfang Wang Jingyuan
Editor: Li Jin
Produced by: Marriage and Family Magazine
Lin Yong and Li Wei are high school classmates.
Li Wei likes to talk and laugh, has many friends, like the little sun, while Lin Yong is introverted and taciturn. The two are like ice and fire, as if they will never have any intersection. But in the third year of high school, the teacher asked the students to pair and help each other one on one. Lin Yong, who had excellent grades, just paired up with Li Wei, and since then, they began to have intersections.
The two started asking questions during class, and developed to doing homework together after school, and then went shopping and traveling together. Later, the two were admitted to the same university and stayed in the same city to work, accompanying each other for 10 years.
During this period, Li Wei hinted to Lin Yong many times, but Lin Yong always felt that he had achieved nothing and was reluctant to express his feelings to Li Wei. Until Li Wei was discouraged and quit her job and returned to her hometown, Lin Yongcai was panicked and rushed to confess to Li Wei, hoping that Li Wei could accept the love she had been late for so many years.
The two held their wedding in their hometown.
Shortly after marriage, Li Wei became pregnant and gave birth to her son Lin Yu the next year. If lovers finally get married and have children, life should be getting better and better, right? Unexpectedly, during a routine physical examination, Lin Yu, who was only a few months old, was diagnosed with congenital pulmonary abnormalities and needed long-term treatment.
The day the diagnosis and treatment results came out, Lin Yong sat in the living room all night. The next day, he left a letter saying that he decided to go south to work and never come back without making a name for himself. He asked Li Wei to take good care of himself, not to look for him, and not to wait for him. Li Wei wanted to chase her and ask her if she understood, but her son had to undergo a series of treatments, so she had to stay in her hometown.
In the following two years, Lin Yong never took the initiative to contact Li Wei, nor paid the child support. Li Wei could only learn about Lin Yong's recent situation from her parents-in-law.
During this period, many people advised Li Wei to divorce, but the relationship for more than ten years is not easy to give up. What's more, Li Wei's energy is almost all about taking care of her children and she has no time to take care of herself. Therefore, Li Wei often persuaded herself to live like this in her life.
Who knew that one night, my son, who had been undergoing conservative treatment, suddenly worsened and he had to undergo surgery immediately, otherwise his life would be worrying. However, years of treatment have already emptied Li Wei's family.
When he was desperate, Li Wei borrowed money from usury, so that her son could have surgery smoothly.
After the operation, Li Wei took care of her son while being often bombarded by debt collection calls because she couldn't pay back the money. This became the last straw that broke the camel's back: when Li Wei needed it the most, Lin Yong was always escaping, always being late, and she was tired. So, she sued Lin Yong in court with a complaint, demanding divorce from Lin Yong, and asking Lin Yong to pay the child support during the separation and half of the medical expenses for the child so far.
On the day of the court, Li Wei, who was exhausted, finally met her husband who had not appeared for many years.
Lin Yong seemed very haggard. Unexpectedly, he agreed to the request to pay the child support and bear half of the medical expenses, but repeatedly refused to divorce Li Wei. In court, Lin Yong said extremely sincerely that he and Li Wei have known each other for more than ten years and have a very deep relationship. The reason why he has been away from home for many years is that he hopes to make more money and give Li Wei and his children a better life. Li Wei has suffered so much, and he feels very sorry.
In the end, the court found that the relationship between the two parties had not broken down and did not allow Li Wei to divorce Lin Yong, but at the same time supported Li Wei's request to Lin Yong to pay the child support during the separation period and bear half of the medical expenses.
Li Wei felt that although the marriage was not divorced, at least the usury owed by the child for surgery could be paid, and Lin Yong was not too conscience-free. But Lin Yong's performance after the trial made Li Wei completely give up.
Lin Yong did not return to his family, nor did he pay a penny of child support or medical expenses. Instead, he asked Li Wei to wait for him for a few more years, and he would definitely make a name for himself and let Li Wei and his children live a good life. After that, he started missing again. Even after working hard to find someone, he said that he has no job now and cannot afford so much money for the time being. So Li Wei had to rely on cobbling together and repaying the usury in a mess. After the incident of
, Li Wei became more determined to get a divorce.
Fortunately, the child's surgery was very successful. After half a year, the condition stabilized, so she filed the divorce lawsuit again . This time, due to concerns about the lack of protection for the child's future and the complete distrust of Lin Yong, Li Wei asked him to pay the child's full support from the age of 18 in one lump sum and half of the medical expenses.
In this trial, Lin Yong still disagreed with the divorce and always said that he still loves Li Wei. He will work hard to make up for Li Wei and his children. He hopes that the court will give him another chance. However, given that Lin Yong has always delayed and refused to pay child support and medical expenses after the last court made an effective judgment, and Lin Yu is indeed suffering from a serious illness, if Lin Yong does not pay child support on time, Li Wei alone, Lin Yu may find it difficult to maintain daily life and treatment, which is very likely to affect Lin Yu's healthy growth in the future.
Therefore, the court finally agreed to Li Wei's request, and ruled that Li Wei and Lin Yong would divorce, and Lin Yong would need to pay Lin Yu's full support fee to the age of 18 and half of the medical expenses .
[Lawyer Says]
1. What is the general way to pay for child support?
Although the court finally supported Li Wei's claim to pay Lin Yong's one-time child support, in practice, the method of paying support in one-time is not common.
Generally speaking, if both parties can reach an agreement, they will pay first according to the method determined by both parties. For example, one payment per month, one payment per year, and one-time payment is all possible, and the form is relatively free. However, if the two parties cannot reach an agreement and the court decides, unless there is a special reason, it is generally paid monthly or annually, and there are fewer payments in one lump sum.
2. Under what circumstances can all child support be required to pay in one lump sum?
The law does not clearly stipulate the specific conditions for paying one-time child support. It only stipulates in the judicial interpretation that "the child support should be paid regularly, and if there is a condition, it can be paid in one lump sum". As for what is "conditional", different courts will have different understandings. Based on practical experience, we have summarized several situations in which the court has a high possibility of ruling to pay the one-time child support fee:
1. The two parties agreed to agree to pay the one-time payment;
2. The amount of the joint property of the couple is large, and one party has the conditions to pay it in one lump sum;
3. There was a case of arrears of child support before, and it was not paid in one lump sum, which would cause damage to the child;
4. The long-term failure to pay the child;
5. There is a possibility of squandering property or causing major debts, such as gambling, drug use, etc.
Of course, given that the law does not clearly stipulate, the situation where one-time payment of child support can be judged in practice is not limited to the above. Therefore, as long as there are legitimate reasons, you can try to file a request for a one-time payment of child support to the court.
In addition, after paying the support in one lump sum does not mean that there is no need to pay any further expenses in the future. In special circumstances, such as if the original amount of support is not enough to maintain the local actual living standard, if the child has exceeded the original amount due to illness or schooling, and if there are other legitimate reasons, it can request an increase in support.
3. What should I do if the other party delays paying child support?
In practice, it is not uncommon for Lin Yong to arrears of child support. So, what should I do when I encounter this situation?
First of all, you should pay attention to keeping relevant evidence that the other party refuses to pay child support, such as chat records where the other party clearly stated that the other party would not pay child support, recordings of communication with the other party.
Secondly, if it is an agreement to divorce, you can bring these evidence and divorce agreement , sue the court to confirm the validity of divorce agreement , and require the other party to perform the agreement; if it is a judgment to divorce, after the other party refuses to perform, you can directly go to the next step: applies to the court to enforce . After
applies for compulsory execution, the court will educate and warn the party that does not execute the judgment , and urge them to perform the judgment. If the other party still refuses to perform, the court will seize, freeze, allocate, sell the property of the party that fails to perform according to different circumstances. If the circumstances are serious, it may even trigger the crime of refusing to perform the judgment and ruling and be subject to criminal punishment.
Return to the story of Li Wei and Lin Yong.
After the trial, Lin Yong wanted to use the same trick again, saying that he still loved Li Wei and asked her to give herself time. Li Wei asked with a smile: "Can love always be considered love?" After
, Li Wei simply applied for compulsory execution, and soon received all the compensation and finally paid off the foreign debt owed. She sold her old house, cut off all contact with Lin Yong, and prepared to start a new life.
In the future, she no longer wants to rely on others, but gives herself a love that will never be late.
Then let us bless her and live a more gorgeous little sun!
This article is excerpted from the "Marriage and Family" magazine
Original title: "When divorce, can you ask for a full payment of child support in one lump sum? 》
