Study On Child Rearing In Divorce Cases

With the continuous development of China's economy and society,the concept of marriage and family has also been diversified,and new situations and new problems in the relationship between marriage and family have emerged.Under the guidance of the comprehensive two-child policy,the number of families with many children has increased,and the number of children involved in divorce cases has increased.Under the background of safeguarding the legal rights and interests of minors and the reform of family trials and working mechanisms,studying the issue of juvenile child support in divorce cases is not only a positive response to the issue of related disputes in judicial practice,but also provides some suggestions for the compilation of marriage and family in the Civil Code.The full text is divided into three parts,Among them,the body is divided into four parts,including the following:The first part examines the status quo of legislation and judicial practice on the disputes of minor child support in divorce cases and raises the problems in dealing with the problem of underage child support in legislation and judicial practice.Firstly,it enumerates the status quo of juvenile child support and change,the burden of maintenance and change,and the implementation of the judgment of maintenance disputes,and through the data analysis of the minor child support disputes in the divorce case,found the rules of the people's courts on the custody of the custody and maintenance disputes and the way the people's courts deal with the enforcement judgments.Secondly,by analyzing the above-mentioned status quo,it is found that there are four major problems: the judgment standard of custody rights lacks the child's perspective,the single parenting mode leads to the inability to adapt to the needs of families with multiple children,the calculation standard of the amount of support payments is not scientific,and the juvenile child support judgment It is difficult to performThe second part is about the determination of the custody and the way of raising underage children in divorce cases.Firstly,the principle of maximizing the interests of underage children and respecting the willingness of underage children is the basic principle.Secondly,it analyzes the factors that should be considered in the determination of the vestingof minor children's custody in divorce cases from the perspective of theory and practice.Finally,through the analysis of the first part of the problem,a proposal is made to distinguish the parenting style of the under-child family and the children of the multi-child family.Specifically,in the one-child family,the preconditions for the rotation of the support should be refined,and the factors such as the place of residence of the parents and the age of the minor children should be considered.In the family of many children,it should be different from the refereeing rules for the custody of the one-child family.It is important to pay attention to the sibling relationship between many children,and to consider the willingness of children over 8 years of age to separate from their peers,so as to protect the minor in the long run.The third part is the determination of the amount of child support and the payment method in the case of divorce.First,the definition of support is discussed and the principles to be followed in determining the amount are emphasized.Secondly,in the calculation of the child support for the child in the divorce case,it is recommended to establish the minimum standard of support.Finally,the definition of the child support and the minimum standard are used to determine the calculation standard of the child support for the child,and the agreement is made to determine the effectiveness of the child support.The fourth part is the implementation of the juvenile child support judgment in the divorce case.Based on the current situation of the implementation of the current juvenile child support judgment,the author proposes to solve the problem from the perspectives of exploring various implementation measures,constructing persuasion education and specific obligation unfulfilling system,and constructing the maintenance guarantee system.The author suggests to apply various implementation measure in order.,and to pay attention to the persuasion education of acquaintances to the enforced person,and to include those who have not fulfilled the obligation of support in the relevant inquiry system of the civil affairs department.In the construction of the maintenance guarantee system,it is recommended to provide guarantee for the payment of maintenance from both the guarantor and the collateral.