The male party has been delinquent in child support for many years, instead filed a lawsuit to reduce child support, Dahuo lawyer represented the female party in filing a counterclaim to recover

Case Summary:

Mr. Zhang earned a million yuan annually, and after marrying Ms. Wang, they had a daughter. Later, due to the husband's infidelity during the marriage, the couple agreed to divorce. At the time of their divorce, they 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 had not paid the child support in full for many years. 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 female party entrusted Dao Hua Law Firm to litigate, demanding that the male party fulfill the obligation of child support payment according to the divorce agreement. After the lawyer's assessment, in order to maximize the rights and interests of the female party and the child, an overall litigation plan was provided for the female party, and a counterclaim was filed in this case, demanding that the male party pay the long-overdue child support and educational expenses of nearly 500,000 yuan, which was supported by the court.

Investigation process:

The female party came to the Daohua Law Firm to seek legal assistance in order to protect her legitimate rights and interests and ensure the healthy growth and living conditions of her daughter. The Daohua Marriage and Family Law Team promptly sent lawyers Yang Yue Ran and Yuan Ruo Qing to receive the female party. Lawyers Yang Yue Ran and Yuan Ruo Qing promptly started their work, conducted face-to-face communications with the parties, and guided them in submitting relevant evidence materials. After sorting out the information, it was found that since May 2018, the male party had started to fail to pay child support in full, and had been in arrears for supplementary lessons and training fees. As of the date of the lawsuit, the male party had delayed the payment of nearly 400,000 yuan in child support and nearly 130,000 yuan in supplementary lessons and training fees.

The preparation for the plaintiff's claims mainly revolves around the stability of the agreement, the plaintiff's income and asset situation, relevant judicial thinking, and related precedents.

Before the court, communicate in detail with the female party about the trial process, trial approach, key issues of the case, relevant questions that the judge may ask during the court investigation, to reduce the female party's anxiety before the trial and promote the smooth progress of the lawsuit.

Case outcome:

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

2. The male party should still pay nearly 30,000 yuan in child support to the female party each month, and at the same time, he also needs to pay nearly 400,000 yuan in child support and nearly 120,000 yuan in educational expenses.

Dao Hua Analysis:

The husband claims that the alimony is too high based on Article 49 of the "Interpretation and Application of the Supreme People's Court on the Marriage and Family Articles of the Civil Code": "The amount of child support may be determined according to 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, child support is generally paid at a proportion of 20%-30% of the total monthly income, but if the agreed-upon child support clearly violates this provision, it should be reduced.

The lawyer Dao Hua argues: This clause is one of the standards referred to by the court in judgments on divorce by litigation when the parties cannot reach an agreement on issues such as alimony, but it does not mean that the parties cannot agree on a higher amount of alimony. The divorce agreement reflects the true intentions of both parties and should be respected.

The relationship between parents and children is not terminated by the parents' divorce. After the divorce, both parents still have the rights and obligations to support and educate their children. After the divorce, the parent who is responsible for 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 should be agreed upon by both parties; if they cannot reach an agreement, the court will make a judgment.

The divorce agreement is a "package" agreement reached by both parties on issues such as the dissolution of the marriage relationship, child custody, property division, and the handling of debts and liabilities. It involves a certain degree of emotional factors and is a balanced measure made after overall consideration by both parties to achieve the goal of divorce, being the result of compromise and compromise. It is also a supplementary condition for both parties to agree to dissolve the marriage relationship, and it has binding force over both parties. Where the marriage relationship has been dissolved in accordance with the agreement, the relevant supplementary conditions should also be fulfilled as agreed.