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Study On The Payment Of Child Support After Divorce

Posted on:2019-03-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y PuFull Text:PDF
GTID:2416330548453120Subject:legal
Abstract/Summary:PDF Full Text Request
The di'vorce rate is high in recent years,and the breakdown of marriage not only means the dissolution of the relationship,but also has a profound impact on the child's soul and life.In this age of material and cultural life,there is no guarantee of a child's living conditions and how to ensure his healthy growth.To base on,this article through to the underage child support after divorce payment problem of typical case studies,found that teenage child support payment,main facing payment standard is not specific,payment term is not reasonable,difficult issues such as payment execution.On the one hand,we should draw on the relevant legislative experience of other law departments to establish the principle of the principle of the maximum benefit of the children and the principle of the relativity of child support.On the other hand,we should improve the payment guarantee mechanism.In addition to the introduction,this article is divided into five parts.The first part,the status quo of child custody payment after divorce.This section will enumerate tihree kinds of cases,such as the calculation standard,the time limit and the implementation difficulty of the minor children's maintenance fee after the divorce,and make a brief introduction and focus analysis of these three cases.The second part,the basic outline of the child custody fee after divorce.It includes the concept of child support payment,the characteristics of child support payment,the legislative tendency of child support,and focuses on the legislation.The third part,the minor children's maintenance payment problems after divorce.Combining with the relevant case pointed out that the first part of a minor child support system in our country,the problems existing in the judicial practice and controversy,mainly including underage child support payment standard uncertainty,the payment term is not reasonable,payment of hard times,the change in the payment problem.The fourth part,examining the extraterritorial application of child support payments to divorced minors.This part mainly inspects the different provisions of the child care payments of the minor children represented by France,Germany and the Anglo-American law countries represented by the United Kingdom,the United States,and Australia,and evaluates them.Part five,the way out of the children's custody payment after divorce.In view of the problems I have discovered,combining with other legal system legislation and the current situation of judicial practice in China,three Suggestions are put forward.It includes establishing the principle of maximum benefit for children,establishing the relativity principle of the payment amount of child support for minor children,and improving the guarantee mechanism for the payment of child support.
Keywords/Search Tags:minor children, support, payment criteria, payment term, perform difficult
PDF Full Text Request
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