Case Summary:

Mr. Zhang, with an annual salary of one million yuan, married Ms. Wang and had a daughter. Later, due to the husband's extramarital affair, the couple agreed to divorce. At the time of their divorce, it was agreed that the daughter would be cared for by the mother, and the father was required to pay nearly 30,000 yuan in child support monthly, with the education expenses to be borne by the father. However, after the divorce, the father failed to pay the child support in full for many years, and after remarrying, he sued to reduce the child support, citing reasons such as the high cost of child support, the COVID-19 pandemic, job position adjustments, and salary reductions.

The mother entrusted the law firm of Dao Hua to defend her case, demanding that the father fulfill his obligation to pay child support as agreed in the divorce agreement. After the lawyer's analysis, in order to maximize the rights and interests of the mother and the child, an overall litigation plan was provided for the mother, and a counterclaim was filed in this case, demanding that the father pay nearly 500,000 yuan in past-due child support and educational expenses, which was supported by the court.

Case Process:

The mother came to the law firm of Dao Hua to seek legal assistance to protect her legitimate rights and interests and ensure the healthy growth and living conditions of her daughter. The law firm of Dao Hua immediately sent lawyers Yang Yue Ran and Yuan Ruo Qing to meet with the mother. Lawyers Yang Yue Ran and Yuan Ruo Qing promptly carried out their work, conducted face-to-face communications with the parties, and guided them in submitting relevant evidence materials. After sorting out the evidence, it was found that starting from May 2018, the father began to fail to pay child support in full, and also fell behind on supplementary and training fees. As of the date of the lawsuit, the father had delayed paying nearly 400,000 yuan in child support and nearly 130,000 yuan in supplementary and training fees.

For the father's lawsuit claims, the preparation was mainly focused on the stability of the agreement, the father's income and asset situation, relevant judicial thinking, and related precedents.

Before the trial, detailed communication was held with the mother regarding the trial process, trial strategy, case focus, and possible questions that the judge might ask during the court investigation, in order to reduce the mother's anxiety before the trial and promote the smooth progress of the lawsuit.

Case Outcome:

1. The court rejected the father's lawsuit request to reduce the child support to 8,000 yuan per month;

2. The father is still required to pay nearly 30,000 yuan in child support to the mother monthly, and at the same time, he also needs to pay nearly 400,000 yuan in past-due child support and nearly 120,000 yuan in educational expenses.

Analysis by Dao Hua:

The father's argument for the high cost of child support is based on Article 49 of the "Interpretation and Application of the Supreme People's Court on the Explanation of the Civil Code on Marriage and Family Law": The amount of child support may be determined according to the actual needs of the child, the financial burden capacity of both parents, and the actual living standards of the local area. For those with a fixed income, child support is generally paid at a ratio of 20% to 30% of the total monthly income, but the child support agreed upon in the agreement clearly violates this provision and should be reduced.

The argument of Dao Hua lawyers: This clause is used to standardize the standards for the court's judgment when the parties cannot reach an agreement on issues such as child support in litigation divorce, but it does not mean that the parties cannot agree on a higher amount of child support. The divorce agreement is the true intention of both parties and should be respected.

The relationship between parents and children does not cease to exist due to the divorce of the parents. After the divorce, both parents still have the rights and obligations of custody and education over the children. After the divorce, one parent who has custody of the child should bear part or all of the necessary living expenses and educational expenses of the child, and the amount and duration of the expenses to be borne should be agreed upon by both parties; if they cannot reach an agreement, the court shall decide.

The divorce agreement is a "package" agreement reached by both parties on issues such as the termination of the marriage relationship, child custody, property division, and the disposal of debts and liabilities. It involves certain emotional factors and is a balanced measure made after the parties have considered the overall situation to achieve the goal of divorce. It is a compromise and a compromise, and it is also a condition attached to the agreement to terminate the marriage relationship. It has binding force for both parties. In the case where the marriage relationship has been terminated in accordance with the agreement, the relevant attached conditions should also be performed in accordance with the agreement.