Tang Yunhong Lawyer Represents Custody Dispute, Successfully Changes Custody for Client, Increases Child Support by 4 Times, Case Fully Won

Ms. Li and Mr. Zhang registered their marriage in 2011 and had a son in the same year. In 2017, they divorced due to personality incompatibility. At the time of divorce, it was agreed that the custody of the son 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 son had been living with the mother, and the father had never paid the living expenses. Currently, the son is studying at a private school in Shenzhen, which has high tuition fees, and the mother is unable to afford it. Therefore, through a friend's introduction, she met Lawyer Tang Yunhong from the Dao Hua Family Law Firm, and requested a change in the custody of the son, payment of the unpaid child support, and an increase in future child support to 4,000 yuan per month.

The female party has fully authorized Tang Yunhong, lawyer of the Dao Hua Family Law Firm, to handle this custody dispute case.

02 Dispute focus

Tang Yunhong, a lawyer specializing in marriage and family legal services for over a decade, upon accepting theentrustment, immediately sorted out the key issues of contention in this case, as follows:

1. The original "Divorce Agreement" stipulated that the custody of the married son would belong to the male party. Now, the female party is requesting a change in custody. Can this request be supported?

2. The original "Divorce Agreement" stipulated that the male party shall pay 800 yuan in living expenses per month. Now, the married son is studying in a private school with high tuition fees. Can the request for the male party to pay the educational expenses be supported?

3. After the custody is transferred to the female party, is it possible to obtain support for increasing the monthly child support from 800 yuan to 4,000 yuan?

03 Investigation process

Tang Yunhong, the lawyer, quickly initiated the work after accepting the mandate from the female party.

1. Clarify the female party's claims and organize the evidence materials.

2.    Search for legal provisions and similar cases to argue the winning rate of the case.

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

4.    The case was opened, and mediation work for the male party was done by contacting the judge before the hearing.

5. Draft an opinion for the court after the trial, again clearly stating the viewpoint of the female party, and request the court to support all the female party's litigation requests.

04 Investigation results

Through the tireless efforts of lawyer Tang Yunhong, the case has finally achieved a complete victory, receiving full support from the Shenzhen Longgang Court. The judgment is as follows:

1.    The child born of marriage is changed to be directly cared for by the plaintiff, the female party. The defendant, the male party, shall pay the plaintiff, the female party, the monthly child support of 3,500 yuan for Zhou Botao by the 28th day of each month starting from November 2023, until the child born of marriage (born on August 16, 2011) reaches the age of 18.

2.    The defendant, the male party, shall pay the plaintiff, the female party, a total of 98577 yuan in child support within seven days from the date of the judgment's effectiveness, covering the period from June 2017 to October 2023.

05 Tang Code states

Tang Yunhong, lawyer, led the Daohua Family Law Team in handling this case involving a change of custody and an increase in 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 deeply mining key details, such as instances of the guardian's neglect in child care, 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 cases. During the trial, accurately citing the provisions of the "Civil Code" regarding the change of custody and the adjustment of child support, focusing on the principle of maximizing the child's interests, clearly elaborating on the necessity of changing custody and increasing child support. Discussing from the enhancement of the guardian's economic capacity to the significant increase in the current educational and living costs of the child, effectively persuading the judge.

In marriage and family cases, providing emotional support to the parties is equally 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 positive mindset.

The Daohua Family Law Firm specializes in major property-related marriage and family disputes for over 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 clients, and is committed to continuously delving into the field of marriage law.

(Tang Lawyer)

06 Involved laws and regulations

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

"A child who is over eight years old and wishes to live with the other parent, who also has the ability to care for the child, if one parent requests a change in the custody relationship, the People's Court should support this request."

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

For minors who are over two years old, if both parents require direct custody, priority may be given to one parent if they have any of the following circumstances: (1) have undergone sterilization surgery or have lost their ability to reproduce for other reasons.(2) The children have lived with the other party for a longer period of time, and changing the living environment is obviously detrimental to their healthy growth; (3) There are no other children involved, but the other party has other children.(4) If the child follows the other parent's lifestyle, it is beneficial for the child's growth. However, if the other parent has a chronic, incurable infectious disease or other serious illness, or has other circumstances that are unfavorable to the physical and mental health of the child, it is not advisable for them to live together with the child.

Article 1085, second paragraph of the Civil Code of the People's Republic of China:

The children's request for the financially capable parent or mother to increase the child support should be supported by the People's Court.(1) The originally determined amount of child support is insufficient to maintain the local actual living standards; (2) due to the children's illness and education, the actual needs have exceeded the originally determined amount.

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

The amount of child support.According to the actual needs of the childrenThe ability to bear financial responsibility of both parents and the local actual living standards are determined. For those with a fixed income, child support is generally paid at a percentage of 20% to 30% of their monthly total income. For those responsible for the support of two or more children, the ratio may be appropriately increased, but generally should not exceed 50% of the monthly total income. For those without a fixed income, the amount of child support may be determined based on the total income of the current year or the average income in the same industry, and referred to the aforementioned ratio. In special circumstances, the aforementioned ratio may be appropriately increased or decreased.

06 Team Introduction

Dao Hua Marriage and Family Law Firm, ten years focused on · major property marriage and family legal services, expert in marriage inheritance and family disputes (mediation/trial), is [Shenzhen nativeOne of the influential brands in marriage inheritance and wealth management legal services.

The team has handled over 1000 cases related to marriage inheritance, and has extensive experience in dispute resolution fields such as complex 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's small property rights houses, village committee shares, will drafting and notarization, and inheritance disputes, winning unanimous praise from clients.

Adhering to the philosophy of "securing property safety, preventing legal risks, and empowering wealth appreciation," we gather experts from industries such as law, banking, insurance, and finance and taxation. With a wealth of successful cases, we provide a comprehensive package of solutions for high-net-worth individuals (including those from Hong Kong, Macau, and foreign nationals) in marriage, family affairs, and wealth inheritance, to achieve the beautiful vision of risk prevention and control, debt isolation, and family wealth inheritance.

Asset types include: real estate (residential property, small property rights house, land use rights, etc.), various property rights (equity, debt, relocation compensation, copyright, invention patents, etc.).

The team has completed the compilation of "A Collection of Successful Cases of Dao Hua Marriage and Inheritance" and "Legal Practice of Family Wealth Transmission," achieving remarkable achievements in both legal practice and theoretical research.