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Couples court,http://www.8liuxing.com/home.php?mod=spacecp&ac=blog&blogid=. Southeast Network - Channel Guide September 29 (Reporter Chen Jie / text if Deng Xu / Chart correspondent Jinxiong Xu Yan) She said her husband left his wife and son, irresponsible. He said his wife had been nurturing the marriage, the child may not be his. However, the paternity test results show that the child is his. Recently, female master Xin Yi (a pseudonym) paper petition husband Lin Shan (pseudonym) reported to the Xiang'an court, ask for alimony of $ 5,000 a month. It is understood from the two of them met, "flash marriage" to the separation, in just 24 days. After separation, the wife discovered she was pregnant. However, her husband on suspicion of throwing the mother and son, from father failed to fulfill its responsibilities. This is the judicial interpretation of the Marriage Law (c) the introduction, Xiang'an District's first ask for "marital alimony" cases. After the marriage the wife was found nurturing He is well-known athletes, Fujian Province, she was master prestigious universities; he several sets of real estate, she also has a Mercedes-Benz cars have a sea view room. One day in March 2011, and at a friend's dinner, Forest Hill occasional beauty Xinyi. They hit it off,http://kuze.tsukaeru.jp, the emotion of wine on the table "rapid fermentation" in the acquaintance more than 10 days, two of them entered the marriage hall. Forest Hill when immersed in the happiness of the wedding,http://eversuntex.com/home.php?mod=space&uid=1, a few words from a friend, he might have been nurturing over Shocked when Xinyi reading! The news, let Lin Shan felt like thunderstruck, he would not believe what a beautiful wife who is gentle lover of others. However, when he calmed down, but that the words are not groundless friends: wife family in general, but in graduate Shique has a Mercedes sedan and a set of high-end sea view rooms, are ...... After doubting, Forest Hill and not pursued the matter to his wife Xin Yi, but through their own network of relationships before marriage inquire about Xinyi background. A few days later, I'm willing to believe the mountain got his message: Xin Yi at the school really was the boss of a company and nurturing. When the two sides broke up,woolrich outlet italia,http://www.dphoto.jp, Xinyi row the company, the boss in desperation, for her purchase of a Mercedes car and a sea view room as compensation. I know the truth, Lin Shan heart suddenly cool to the extreme. He personally asked bitterly Xin Yi. In the face of the facts, Xin Yi admitted his past, and asked for his understanding, hope they can "forget the past, to live well together." Separated after he saw his children once However, Lin Shan's heart is dead, he did not want to and Xin Yi continue. Thus, the two formally separated. On this day, from the two met only 24 days. Soon, Xinyi discovered she was pregnant, she repeatedly to Forest Hill call, send SMS, wish to unborn child to save the feelings of the two, may believe this child is not your own. In desperation, Xinyi Lin Shan unit repeatedly to find their leaders and colleagues judge this behavior Xin Yi not only seriously affected the daily training forest of the mountain,http://bbs.smnet.com.cn/home.php?mod=spacecp&ac=blog&blogid=, but also lead to further deterioration of their relationship. Xinyi nine months of pregnancy, Forest Hill actually never see. After the child is born, Forest Hill commissioned judicial identification center for paternity testing. The results surprised Lin Shan, Xin Yi born child is indeed his real daughter. Even after that the child is his own flesh and blood, Lin Xin Yi mountain or due care in the past, only to visit his children once. In addition, Lin Shan not bought anything for the children, did not do his father's responsibility. Xinyi Although dissatisfied, but because I wanted to give children a full house, there is no divorce. The Forest Hill previously to the court for divorce, but does not know the woman's lactation divorce, he chose to withdraw. After the couple abandoned court April 1, 2012, Xinyi with small children (a pseudonym) filed on behalf of the Xiang'an District People's Court proceedings, fulfill the requirements of Forest Hill father obligation to standard 5,000 yuan per month to pay child support, and be paid a small hospital fees, supplies fee for each 3,000 yuan. In court, Lin Shan also angry, he said, Xinyi order to achieve the objectives and their marriage, in marriage to cover up ugly past, marriage also everywhere complain,moncler pas cher, slander his adultery with a woman, seriously affecting their work and reputation. "While the two of us took out a marriage certificate, but no wedding separated. Moreover, Xin Yi's mother charged dowry, bride price are not refunded." Xin Yi believes, Forest Hill as a professional athlete, every year participate in the competition have bonuses, income stability, rich, besides food, shelter, provided by the government, but also enjoy the housing provident fund, not only in the island to purchase two sets of housing, but also from He built a house. In contrast, after her engagement with Forest Hill, Forest Hill to press the request, he quit his job, no income. "Really very difficult from my pregnancy until after the birth of a child, spending formula, diapers, baby supplies, clothing and other weight I can not breathe on their own independent raising children." Forest Hill suggested he though the athletes, but also points to a part of the prize money teammate, besides their own poor performance in recent years, not much income, alimony Xinyi requirements too high. Xinyi do not agree, he said: "Linshan Ming years to retire,moncler outlet italia, that there will be more than 30 million of retirements, there are more of his own house, with his income, the monthly 5,000 yuan is not much . " After the verdict is eligible for 1,000 yuan per month alimony Recently, Xiang'an district court verdict against the first case of "marital alimony" case. The judge held that, during the marriage with the defendant Xinyi Lin Shan subsisting, Forest Hill refused to fulfill the obligations of raising children, so children have the right to request the payment of alimony, the plaintiff requested it to pay the claims of Woodland Hills, alimony, should be supported. However, the amount of alimony, the plaintiff claims 5,000 yuan per month is too high, according to the actual needs of the child, Forest Hill and Xin Yi affordability and Xiamen actual standard of living,tn reuqin pas cher, at the discretion of Forest Hill monthly alimony to be paid 1,000 yuan. Therefore, the judge of first instance verdict requires Lin Shan pay 1000 yuan per month alimony, not only to supplement pay from December 2011 to June 2012 of alimony 7000 yuan, but also has been paid to children up to the age of 18, the annual alimony in two payments, namely each pay 6000 yuan each year on or before 1 June 1 and December. In addition, the judge dismissed the plaintiff's other claims. Key legislation Divorce can not discuss alimony It is understood that, in the "Marriage of judicial interpretation of the three" before the introduction, the legal experts for minor children within marriage can claim alimony dispute, the view that the couple did not divorce, property total, if the party required to pay child support judgment, executed on It will be embarrassed. For this reason, in the past, some courts have not divorced couple does not support advocate on behalf of child support payments. But in reality, if a party outside year round, the money does not go home, the other kids hard, unable to sustain life, so that it will lead to unfair judgment. August 2011 introduction of the "Marriage of judicial interpretation of the three," concluded the debate, which clearly states: During the marriage relationship continues to exist, both parents or one refuses to perform child-rearing obligations, underage children live independently or can not pay the alimony request The people's court should be supported. Experts say The couple separated, how to divide the property? Xiamen University Law School Professor Huang Jianxiong said the obligation to raise and educate their parents have for their children, and this obligation should be the date of the child since birth, has been extended to adult children or independent living dead, occurred during the parents divorce or separation even in dispute, The legal obligation is not thereby interrupted or released, so the case should support the plaintiff's claim. Huang Jianxiong said that in the couple during separation,http://www.wifigx.com/forum.php?mod=spacecp&ac=blog&blogid=, in fact, one of the property acquired by the husband or the wife respective domination, the other party has lost control over the process and the right to equality, property,http://sjh.bbs.windplay.cn/forum-53-1.html?mod=spacecp&ac=blog&blogid=, acquired one also did for dependent children and other family expenses In this case, the couple's joint property regime has lost the foundation, the defendant should not be a party to jointly owned property on the grounds of defense. In addition, also noted that property acquired during the separation is still one of the couple's joint property upon divorce is still divided. Marital alimony to the number of suitable? Alimony payment standard is the focus of dispute in this case. In this regard, the judge in this case that, according to relevant laws and regulations, the amount of child tending, according to the actual needs of their children, the parents of both affordability and local level to determine the real life. Among them, a fixed income, tending generally pro-rata their total monthly income of twenty to thirty percent of the benefits. The burden of more than two children tending, the proportion may be appropriate to increase, but generally not exceed 50 percent of monthly gross income. No fixed income, tending amount may vary depending on the annual gross revenue or the industry average income, determined by reference to the above ratio. Therefore, in this case, the judge in determining the alimony payment standard, according to 30% of the forest was not a simple mountain 2844 yuan monthly salary calculation alimony, but according to the principle of maximum benefit of children, first consider the case of small infants, the actual consumption even higher than adults, so that according to "may be appropriate to increase or decrease the above ratio" requirement, give full consideration to the particularity of Forest Hill game proceeds, the plaintiff little actual needs, protect the healthy growth of children from the point of view, a comprehensive measure of Xiamen Local real living standards, and ultimately determine the amount of alimony of $ 1000 per month. To demand money did not divorce, Difficulties? Xiamen Intermediate People think a President Liu Youguo ask for alimony has "dilemma" within marriage. First hard evidence. . "These are mostly separated couples, regardless of family, even living under the same roof, you my difficult to distinguish," Liu said the President, which may lead to two situations: First party pay alimony, but did not require a relatively Party issued a receipt, in the opposite party,http://csislebanon.org/search/node/, the accused party is difficult to cite evidence. Second, in the case where the defendant does not pay child support, and if the two sides there are other money exchanges, and the defendant as evidence as evidence of the payment of alimony, the plaintiff may be lost due to lack of evidence. The second difficulty is the difficulty in enforcement. Because our policy is a jointly owned property system, such as one sentence the defendant should pay alimony obligations, it should be carried out in the implementation of the defendant's personal property, but this time the couple during the marriage is still subsisting, all accused of legitimate labor income revenues are in common property, so once the defendant does not automatically fulfill the corresponding obligation, in the enforcement of jointly owned property must first be divided,louboutin pas cher, can do so, and contrary to the "Marriage of judicial interpretation (c)" provisions of Article IV : "During the existence of marriage, a spouse requests division of common property, the people's court shall not support." Therefore, even if the court judgment for the plaintiff, it may be difficult to implement due to the defendant's personal property, leaving the court's decision to become a dead letter. Thus, this marriage will continue temporarily. However, Xinyi no fixed job, no doubt to their child's birth brought a heavy financial burden, so she thought the prosecution to recover "marital alimony."

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h0bS7ArS8s on "" concluded the debate"