On The Litigation Status Of The Remarried Spouse In The Maintenance Litigations

The maintenance payments is a kind of debt closely related to identity.However,with regard to the payment of maintenance payments to children born out of wedlock,for the current spouse of the payment obligor,in the absence of a clear agreement stipulating that they pay with pre-marital personal property,the debt for maintenance payment based on the common property of the husband and wife,which directly leads to the debt of the husband and wife.In the maintenance payment litigation,the litigation status of the remarried spouse who is requested to pay the support payment is not the third person: first,on the denial of the independent third party,the remarried spouse is not the subject of the litigation in the support payment suit.It does not have an independent claim,so it is not a third party with independent claims;secondly,in the denial of a third person without independent claims,because the current provisions for third parties without independent claims are more to deny the status of a third party without independent claims from the perspective of constituent elements,but from the perspective of legislative purposes,the third party system is that the legislator intentionally removes the "third party","common plaintiff" and "joint defendant" from The general concept of "lawsuit related persons" was stripped out,and the result of a more clear litigant system was formed.For this legislative purpose,the third party should be distinguished from the joint litigant.the litigation status of the necessary joint litigants comes from the existence of implication between husband and wife on the issue of maintenance payments,and this implication constitutes the necessary joint action due to substantive law.Specifically,with regard to the payment of alimony,from the perspectives of the law and the current status of the husband and wife 's common property,the alimony payment to the children outside of marriage constitutes the joint debt of the spouse,and the commitment of this common debt constitutes Is involved in the substantive law of the substantive law,so the remarried spouse of the party obligated to pay should be the co-litigant in the litigation of maintenance payments.When the necessary co-litigator cannot participate in the lawsuit because he/she cannot be attributed to himself,he/she can apply for a retrial to protect his litigation rights,and there is no need to protect the rights through the third party 's revocation;The institutional positioning of the lawsuit is for outsiders who have been adversely affected by the expansion of the binding force of the judgment,and the necessary joint litigants are not added to the lawsuit because they cannot be blamed on themselves.A comprehensive review should be conducted through retrial,so the third party 's revocation should not be applied.