When divorced, if one party is in a difficult situation due to lack of income or physical illness, can TA ask the other party to provide some help? This article will help you understand the divorce financial help system.
No income and you have to take medicine all year round. What should I do after the divorce?
2008 Xiaohua and Daxing met through blind dates and quickly registered for marriage. After marriage, the two gave birth to a child together. In order to improve family life, not long after the child was born, Daxing went to work outside the city, while Xiaohua was responsible for taking care of the child at home.
At the beginning, the life of the small family was very good. Unexpectedly, Daxing has become obsessed with gambling in recent years. He has been getting less and less money from returning home every month, but he owe more and more money. Xiaohua found out that Daxing was gambling and tried to dissuade him, but what she received was Daxing's insult.
by chance, Xiaohua found out that Daxing owed 100,000 yuan in gambling debts outside. Xiaohua couldn't bear it anymore, so she filed a divorce lawsuit against to the court, requesting the court to rule to dissolve the marriage and raise the child by herself. Since Xiaohua has chronic diseases and needs to take medicine for a long time, Xiaohua also asked the court to ask Daxing to pay 70,000 yuan in one lump sum of financial assistance.
Daxing agreed to divorce, but wanted to fight for custody of the child. As for the financial help Xiaohua mentioned, although her monthly income is about 10,000 yuan, she has no money to pay for her gambling debts.
How to say
about children. The court believes that the child has always followed Xiaohua and goes to school in his hometown, so it is not advisable to change the current living environment of the child. Moreover, the child is over 8 years old, so he clearly stated that he should live with Xiaohua. The court supported Xiaohua's lawsuit.
About the financial help fund. The court held that Xiaohua was at home for many years and had no source of income. Moreover, Xiaohua also suffered from chronic diseases and needed long-term treatment. Daxing was affordable and needed appropriate help. However, based on Daxing's salary situation and external debts, the court believed that Xiaohua's request was too high and decided that Daxing would pay Xiaohua a one-time financial assistance amount of 20,000 yuan.
knowledge points summary
01
What is the economic help system?
When divorce, if one party has difficulty living, the other party who is able to afford it should provide appropriate help. The two parties may negotiate on specific assistance methods; if the negotiation fails, the court may make a judgment.
02
How to determine life difficulties?
General courts consider whether the local general living standard can be maintained after divorce. Due to the different circumstances, the court will analyze it in practice based on the actual situation of the case. The following three types of situations can generally be considered as life difficulties:
One party lacks or loses the ability to work, has limited income or no income, and based on their personal property and the shared property, the general living standard cannot be maintained in the local area.
One party is suffering from illness, and his personal property and the shared property are not enough to cover basic medical needs and maintain the general living standard in the local area.
There is no place to live in one party. It should be noted that the residence here not only refers to the houses under your name, but also includes houses that you rent or enjoy the right to live in and . If you have the ability to rent a house by yourself and can maintain the general living standard in the local area, this is not the case.
In addition, the determination of life difficulties is based on the actual situation at the time of divorce, and one party can only ask for financial assistance during the divorce. If there is no life difficulties during divorce and it only happens after divorce, the other party generally has no obligation to help.
03
If you find that life is difficult, will the other party have to pay?
is not necessarily the case, it needs to be based on the other party's ability to afford it. If financial help is given, it will put the other party in difficulty in life and the court will not support it. So first, the other party needs to be able to maintain their basic needs in daily life, and then provide certain help on this basis.
04
What are the financial help for divorce?
The law does not clearly stipulate the way to help, and the two parties can first negotiate. If the negotiation fails, the court can make a judgment. Specifically, it can be a one-time payment of money, or a short-term or long-term regular help. For those with housing difficulties, housing residence rights can also be established. For economic assistance, a certain time or condition can be set. When the deadline expires or the conditions are met, the other party may no longer bear the obligation of economic assistance.
Couples have the obligation to support each other, and the divorce financial assistance system is a kind of continuation and extension of the support obligation. This system can effectively protect the basic life of a person with difficulties in life, and can also dispel the party's worries to a certain extent, reflecting the warmth of the law.
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