, the two of them have greater financial pressure. The man had to go out to work, and the woman stayed at home to take care of the four children. As the two lived in different places, the woman felt that the man's attitude was gradually wrong.
In July 2020, the woman found on the man's mobile phone that the man had an improper relationship with other opposite sex outside. After the two quarreled, the woman found that the man had not repented. She often quarreled with the woman because of trivial matters, and sometimes even fought against the woman.
So the woman sued the court and demanded a divorce. The eldest daughter and son were raised by the man and the twin daughters were raised by her. Both parties did not pay the support and divided the couple's joint property.
in court, and the man also agreed to divorce, but stated that the twin daughters may not be their own, so he asked the woman to compensate for the child support and mental loss, and applied for paternity test . After identification, it is really not my biological family.
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Such a bloody thing is really rare. But this happened in reality. In this case, both the man and the woman agreed to divorce, and they all had cheating. The relationship must have broken down, and divorce must be divorced. The remaining issues are child support, property distribution, compensation and other issues.
1. How should the compensation request for the man be handled?
In this case, the woman had children with others during marriage. This kind of behavior is typical fraudulent support. Generally speaking, the fraudulent party can ask the other party to compensate for the support paid as a result, and also ask the other party to compensate for the mental compensation.
Among them, the basis for compensation for spiritual comfort is Article 1091 of the " Civil Code ": "If any of the following circumstances leads to divorce, the party at fault has the right to request compensation for damages: (1) bigamy; (2) living with others; (3) committing domestic violence; (4) abuse, abandoning family members ; (5) having other major faults." The act of fraudulent support belongs to the fifth situation in this provision - having other major faults.
However, the claim for compensation here meets three conditions:
First, the reason for the divorce between the two parties is because the other party has one of these five situations.
If one party has acted in one of five situations, but the other party divorces not for this reason, compensation cannot be claimed.
For example, if the man lives with others during marriage, the woman expresses understanding. But after a while, the woman filed for divorce because the man could not have children. At this time, since the divorce between the two parties was not because of living with others, but because of other reasons, the woman could not claim compensation.
Second, the premise of claiming compensation must be the divorce of both parties.
In other words, the claim for compensation can only be made at or after divorce. If you do not divorce, you cannot claim compensation.
Third, the party claiming compensation must be at no fault.
If both parties are at fault, compensation cannot be claimed.
In this case, although the woman had a major fault, the man was not the unfaulted party, so he could not obtain mental damage compensation .
However, since she did raise a daughter who was not born to her, the woman should still compensate for this part of the expenses.
2. How should children be raised?
In this case, there are 4 children in total, among which the twin daughters do not belong to the married children of both men and women, and have nothing to do with the man, so naturally they cannot be raised by the man.
For the eldest daughter and son of the two, although they were born before marriage, they still need to deal with the issue of raising up.
In this regard, Article 1084, paragraph 3 of the Civil Code stipulates: "After divorce, children under the age of two shall be directly raised by the mother. If children who are over two years old fail to agree on the issue of support for the parent, the people's court shall make a judgment based on the specific circumstances of both parties and the principle that is most beneficial to the minor children. If children are over eight years old, their true wishes shall be respected."
In this case, the eldest daughter and son are over eight years old, so the child's idea is very important.In response, because the eldest daughter and son are willing to live with their father, the court decided that the two children will be raised directly by the man. The woman pays the child support.
In addition, for the issue of distribution of common property, since both parties are at fault, there should be no problem of taking care of who or not taking care of whom. However, since the issue of property distribution was not mentioned during the report, I won’t say more here.
In the end, the court ruled that the eldest daughter and son would be raised by the man, and the woman would pay the child support at a standard of 500 yuan per child per month and bear 50% of the education and medical expenses. The woman compensated the twin daughters for their child support RMB 47,000.
What do you think of this result? Welcome to leave a message in the comment area and share your views with everyone!
(This case comes from the Leye County Court, and some of the analysis are personal opinions, not the original text of the judgment.)
Source: Jiazi Statement
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