01 Case Review

Miss Li and Mr. Zhang were married and registered their marriage in 2011, and they had a son in the same year. In 2017, the two divorced due to personality incompatibility. At the time of divorce, it was agreed that the custody of the child would be with the father, and the mother would pay child support of 800 yuan per month; it was also agreed that the child would live with the mother until the age of 10, and the father would pay living expenses of 800 yuan per month. In fact, as of the time of the lawsuit in 2023, the child had been living with the mother, and the father had never paid the living expenses. Currently, the child is studying at a private school in Shenzhen, which has high tuition fees, and the mother is unable to bear the cost. Therefore, through the introduction of a friend, she met Lawyer Tang Yunhong from the Dao Hua Family Law Firm, and requested a change in the custody of the child, payment of the unpaid child support, and an increase in future child support to 4,000 yuan per month.

The mother has fully entrusted Lawyer Tang Yunhong from the Dao Hua Family Law Firm to handle this custody dispute case.

02 Controversial Issues

Lawyer Tang Yunhong has focused on the field of family and marriage legal services for over a decade. After accepting the委托, she immediately sorted out the controversial issues of this case, as follows:

1. The original Divorce Agreement stipulated that the custody of the child would be with the father, and now the mother is requesting a change in custody. Can this request be supported?

2. The original Divorce Agreement stipulated that the father would pay living expenses of 800 yuan per month, and now that the child is studying at a private school with high tuition fees, can the request for the father to pay this educational fee be supported?

3. Since the custody was transferred to the mother, can the request to increase the monthly child support from 800 yuan to 4,000 yuan per month be supported?

03 Case Handling Process

After accepting the委托 from the mother, Lawyer Tang Yunhong quickly initiated the work.

1. Clarify the mother's demands and sort out the evidence materials.

2. Search for relevant laws and similar cases, and argue the likelihood of winning the case.

3. Organize the civil complaint, evidence list, and evidence materials, and submit them for online filing.

4. Attend the trial and contact the judge to do mediation work with the father before the trial.

5. Draft a post-trial representation opinion for the judge, reiterate the mother's views, and request the court to support all of the mother's litigation requests.

04 Case Outcome

Through the tireless efforts of Lawyer Tang Yunhong, the case was finally won with great success, receiving comprehensive support from the Shenzhen Longgang Court. The judgment was made in accordance with the law:

1.    The child born of marriage shall be under the direct custody of the plaintiff, the female party, and the defendant, the male party, shall pay the monthly child support of 3,500 yuan to the plaintiff, the female party, before the 28th of each month starting from November 2023, until the child (born on August 16, 2011) reaches the age of 18;

2.    The defendant, the male party, shall pay a total of 98,577 yuan in child support from June 2017 to October 2023 within seven days from the date of the judgment becoming effective.

05 Tang Law Perspective

Lawyer Tang Yunhong led the Daohua Family Law Team in handling this case of child custody modification and increased child support, allowing team members to deeply understand the complexity and importance of family law work.

1.   It is very important to sort out the evidence in the case. By delving into key details, such as instances where the custodial party has not taken good care of the child, and the negative impact of the child's growth environment on their physical and mental health, a solid foundation is laid for subsequent legal strategies.

2.   The close integration of law and practice is essential to ensure the win rate of the case. During the trial, precise references to the provisions of the "Civil Code" regarding the modification of custody and adjustment of child support were made, focusing on the principle of maximizing the child's interests, and clearly explaining the necessity of modifying custody and increasing child support. By discussing aspects such as the improvement of the custodial party's economic capacity, and the significant increase in the child's current education and living costs, the judge was effectively persuaded.

3.   In family law cases, providing emotional support to the parties is also crucial. In the face of the anxiety and unease of the parties due to custody issues, be patient in listening and actively guide them to help them cope with the lawsuit in a good mental state.

The Daohua Family Law Team has focused on major property family law disputes for more than a decade. This successful case not only accumulates practical experience but also strengthens the team's determination to safeguard the legitimate rights and interests of the parties, and to continue to delve into the field of marriage law.

(Tang Lawyer)

06 Relevant Laws and Regulations Involved

1. Article 56, Paragraph 3 of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Article of the Civil Code of the People's Republic of China:

"If a child who has reached the age of eight wishes to live with the other parent and that parent has the ability to support the child, if one parent requests a change in the custody relationship of the child, the People's Court shall support such a request."

2. Article 46 of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Article of the Civil Code of the People's Republic of China:

For a minor child who has reached the age of two, if both parents request direct custody and one parent has any of the following circumstances, priority may be given: (i) has undergone sterilization surgery or has lost the ability to reproduce for other reasons; (ii) the child has lived with that parent for a longer period of time, and changing the living environment would be obviously detrimental to the child's healthy growth; (iii) has no other children, while the other parent has other children; (iv) living with that parent is beneficial to the child's growth, while the other parent has a chronic, incurable infectious disease or other serious illness, or has other circumstances that are detrimental to the child's physical and mental health and is not suitable for living with the child. (v) other special circumstances.

3. Paragraph 2 of Article 1085 of the Civil Code of the People's Republic of China:

If a child requests an increase in alimony from a parent who has the ability to support, the People's Court shall support such a request (i) the originally determined amount of alimony is insufficient to maintain the actual living standards of the local area; (ii) due to the child's illness or education, the actual needs have exceeded the originally determined amount.

4. Article 49 of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Article of the Civil Code of the People's Republic of China:

The amount of alimony may be determined based on the actual needs of the child, the financial burden of both parents, and the actual living standards of the local area . For those with a fixed income, the alimony may generally be paid at a percentage of 20% to 30% of their monthly total income. For those supporting the custody of two or more children, the percentage may be appropriately increased, but generally should not exceed 50% of the monthly total income. For those without a fixed income, the amount of alimony may be determined based on the total income of the previous year or the average income of the same industry, and referred to the above percentages. In special cases, the above percentages may be appropriately increased or decreased.

06 Team Introduction

Daohua Family Law Firm, with ten years of focus on high-value property family law services, is a实战 expert in marriage, inheritance, and family disputes (mediation/trial), and one of the influential brands in [Shenzhen local] marriage, inheritance, and wealth management legal services.

The team has handled over 1000 cases related to marriage and inheritance, and has extensive experience in mediation and litigation in complex and difficult marriage and family matters, inheritance disputes, will drafting, and family property distribution. Utilizing local wisdom, the team is skilled in handling difficult divorce property division cases involving Shenzhen small property houses, village committee shares, will drafting and notarization, and inheritance disputes, winning unanimous praise from clients.

Adhering to the philosophy of "securing asset safety, preventing legal risks, and empowering wealth growth", the firm assembles experts from the legal, banking, insurance, and tax industries, with a wealth of successful cases, providing comprehensive solutions for marriage, family, and wealth succession for high-net-worth individuals (including Hong Kong, Macau, and foreign nationals), to achieve the beautiful vision of risk prevention and control, debt isolation, and family wealth succession.

Asset types cover: real estate (commercial housing, small property houses, land use rights, etc.), various property rights (equities, debts, relocation compensation, copyrights, invention patents, etc.).  

The team has completed the compilation of "Daohua Successful Cases in Marriage and Inheritance" and "Legal Practice of Family Wealth Succession", achieving remarkable results in both legal practice and theoretical research.