Bao'an Court Divorce Case, Stalemate over Child Support Standards and Payment Terms. Lawyer Tang Yunhong of Dao Hua Law Firm Represents Throughout, Precise Communication Leads to On-the-Spot

One, Case Brief

Plaintiff Luo Moumou and defendant Li Mou registered their marriage on January 22, 2020, gave birth to a son on May 9, 2023, and filed a marriage dispute lawsuit on May 9, 2025, citing weak pre-marital emotional foundation and separation since October 2023 as reasons for the breakdown of their relationship. In this case, the two parties have disagreements on core issues such as divorce, custody of the child born during the marriage, alimony, and visitation rights. Defendant Li Mou has entrusted Tang Yunhong and Wang Qian, lawyers from the Guangdong Daohua Law Firm, to act as their litigation agents in handling the case.

After several unsuccessful mediation attempts by the mediator, the case was finally settled by the judge and lawyer Tang Yunhong during the trial stage, with the mediation being successful on the spot and the case being concluded perfectly.

Two, Focus of the Case Dispute

The core dispute in the case focuses on the issue of child support for the legitimate child Li M1. Firstly, there is a disagreement over the payment standard of the child support. The plaintiff initially claimed 3,000 yuan per month, but Li M, the defendant, due to his advanced age and poor financial situation, finds this amount to exceed his actual ability to bear. After mediation, the parties were unable to agree on either 1,500 yuan or 1,300 yuan per month. Secondly, there is a dispute over the payment period of the child support. The two sides have different opinions on whether the child support should be paid until the child reaches 18 or 22 years of age, and they have been unable to reach a consensus, which has become the main obstacle to the progress of the mediation.

At the same time, the specific implementation details of the visitation rights need to be negotiated based on the actual circumstances of both parties, which further increases the complexity of mediation. Even after the mediator has mediated multiple times, the two parties still find it difficult to reach a consensus.

Three, Lawyer's Case Handling Approach and Actions

After accepting theentrustment of defendant Li M., the agent lawyer of Guangdong Daohua Law Firm first conducted a comprehensive review of the case facts, focusing on verifying the defendant's actual economic and age conditions, collecting relevant evidence to substantiate the objective facts that his economic capacity is limited and his labor capacity decreases with age, and clarifying that the monthly difference of 200 yuan is not a trivial number for the defendant who is financially strained, but a key part of daily basic living expenses, laying a solid factual foundation for the negotiation of alimony standards.

During the mediation process, the defendant Li Mou explicitly stated to the lawyer and the court that, due to his advanced age, his current income is limited and he is unable to bear high alimony, and his son Li Mou 1 is his only child. He is not unwilling to take on the responsibility of child support. If his economic conditions improve in the future when the child grows up, he is also willing to pay more related expenses for the child. The lawyer fully captured the true intentions and emotional demands of the party and fully conveyed this statement to the plaintiff.

In response to the dual disputes over the standards and payment deadlines for child support, both parties in the mediation held their own views and exchanged proposals, with relatively impulsive emotions, leading to a deadlock in the mediation. To prevent the conflict from escalating further, the defendant's attorney promptly suggested that both parties temporarily halt the mediation and calmly sort out their thoughts, resuming negotiations after their emotions have calmed down, creating favorable conditions for subsequent mediation.

Under the multiple professional mediation efforts of the mediator, the lawyer always actively cooperated, adhering to the principles of fairness and reasonableness, combining the local standard of living, the actual custody needs of the natural child, and the defendant's economic bearing capacity and age status. The lawyer communicated and negotiated repeatedly with the plaintiff and the plaintiff's agent, fully explaining to the plaintiff the defendant's actual economic difficulties and the realistic pressures brought by age. The lawyer emphasized that the seemingly small monthly difference of 200 yuan directly affects the defendant's basic living expenses such as food, clothing, housing, and transportation, and honestly conveyed the defendant's true thoughts — that at this stage, the defendant is unable to bear the responsibility and is not shirking the custody obligations. The defendant may only have this one child, and will definitely make more efforts for the child in the future when able, so that the plaintiff can feel the defendant's sincerity in custody.

The lawyer also closely adhered to the legal provisions, combined with the conventional criteria of judicial practice, and repeatedly communicated the legal basis and rationality of child support payments until the age of 18. They explained the actual pressure of an extended payment period in light of the defendant's age and economic expectations. At the same time, they proposed reasonable negotiation opinions for the defendant regarding the timing, methods, and details of visiting rights, promoting an agreement on visiting rights that balanced both parties' interests. However, despite multiple rounds of mediation and active communication by the lawyer, the two parties were still unable to reach an agreement due to a 200 yuan difference in child support, and the mediation process was pushed to the trial stage.

During the trial, the lawyer continued to mediate with the judge.Tang Yunhong lawyerUnder the professional guidance, further explain the law and reason to the plaintiff, while guiding the defendant to fully express their custody wishes, ultimately pushing both parties to put aside their differences and reach a consensus.

Four, Case Mediation Results

After multiple mediations by the mediator, active promotion of communication throughout the process by the lawyer, and under the judge's mediation during the trial stage, the plaintiff ultimately fully recognized the defendant's actual economic situation and the realistic pressures brought by age, also understanding the defendant's genuine intention to support as a father. The case was successfully mediated on the spot, and the parties reached core consensus on the issue of child support: First, the standard of child support payment was adjusted from the initial 1500 yuan per month to 1300 yuan per month, to be paid before the 20th of each month starting from December 2025, until the son Li M. turns 18 years old; Second, the payment account for child support was clarified to ensure the standardization and convenience of the payment process.

At the same time, both parties reached an agreement on other issues in court: the legitimate child Li M1 is directly cared for by the plaintiff Luo Moumou, and the defendant Li M has a clear and specific right to visit, with the performance of the right to visit being detailedly stipulated in stages and under different circumstances; the case handling fee is reduced to half, from 300 yuan to 150 yuan, which is voluntarily borne by the plaintiff. The aforementioned agreement was confirmed by the court on the spot, is legally valid, and has binding force on both parties.

Five, Case Analysis

This case is a typical example where, after several mediation attempts by a mediator failed, the custody fee dispute was finally resolved during the trial stage with the mediation conducted by lawyers and judges. The agent lawyer from Guangdong Daohua Law Firm played a crucial role throughout the case handling, serving as an important force in promoting the parties from continuous disagreements to reaching a consensus on the spot.

From the perspective of the case outcome, the lawyer successfully adjusted the child support standard for the defendant Li, who was in poor economic condition and older in age, from 1500 yuan per month to 1300 yuan per month. Although the adjustment seems to be only 200 yuan, it actually alleviated the defendant's practical pressure on daily basic living. This 200 yuan difference is directly related to the reasonable allocation of the defendant's living expenses and is the key to ensuring their basic living. At the same time, it was determined that child support would be paid until the natural child reached 18 years of age, which both met the actual needs of the natural child and fully matched the defendant's age and economic bearing capacity, fundamentally avoiding the issue of non-performance due to an excessively high child support standard, and ensuring the long-term stable payment of child support. During the entire mediation process, the lawyer fully conveyed the defendant's real intention of "being unable to bear the burden at the current stage but willing to pay more in the future," which allowed the plaintiff to gradually feel the defendant's sincerity in child support, resolved the confrontational emotions between the two parties, and also ensured the actual protection of the defendant's legitimate rights and interests. Ultimately, under the judge's guidance, the deadlock over the 200 yuan difference was broken, achieving a successful on-the-spot mediation and efficiently resolving the dispute.

From the perspective of handling cases, the agent lawyer has always adhered to the approach of prioritizing mediation, and has not simply adopted an adversarial litigation strategy. At critical points where both parties propose solutions and emotions are tense, the lawyer timely suggested to pause the mediation and calmly handle the situation, effectively preventing the escalation of contradictions; during the mediator's multiple mediations, the lawyer has always actively cooperated and communicated, accurately grasping the pace of negotiation, fully explaining the law and reason, and conveying the true demands of the parties; even when the mediation failed and the trial stage was entered, the lawyer continued to cooperate with the judge's mediation work, relying on professional legal knowledge and communication skills, promoting both parties to gradually put aside their differences under the professional guidance of the judge, demonstrating excellent professional cooperation and dispute resolution capabilities.

At the same time, the lawyer fully listened to the party's demands, accurately captured the defendant's real difficulties of "being old and unable to bear the burden" and the emotional appeal of "being the only child and willing to make more sacrifices for the future," and took these as important entry points for communication and negotiation. Throughout the negotiation process, the lawyer maintained patience, building an effective communication bridge between the two parties. The lawyer strictly adhered to the legal provisions while accurately grasping the defendant's actual living difficulties and true emotions, attaching importance to the actual impact of the 200 yuan difference on the defendant with poor economic conditions and an older age. Starting from the long-term interests of the child and the actual situation of both parties, the lawyer cooperated with the judge and mediator to promote the negotiation process, achieving both the efficient resolution of the case on the spot and the maximum reduction of the divorce's harm to the child, realizing the unity of legal and social effects.

In addition, the lawyer in the case not only focused on the core dispute over alimony, but also paid attention to the negotiation of related issues such as visitation rights, promoting the parties to reach a comprehensive and specific mediation agreement and confirm it on the spot, clarifying the rights and obligations of both parties, avoiding new disputes arising from unclear agreements in the future, and laying a solid foundation for the complete resolution of the case.

Six, Tang's Legal Insights

The successful mediation of the case provides important practical insights for handling divorce disputes where mediation prior to court proceedings failed, and disputes can still be resolved through judicial mediation. In divorce disputes, determining child support is not merely a matter of negotiating numbers; it cannot ignore the actual impact of seemingly minor differences in amounts on the economically disadvantaged party. It should also fully consider realistic factors such as the parties' ages and physical conditions, combining multiple factors such as the needs for child support, payment capacity, and local living standards. Particular attention should be paid to the actual living conditions of the economically disadvantaged party, even if the difference is just a few hundred yuan, which may become a key factor in their daily expenses. At the same time, the genuine child-rearing intentions of the parties should be respected, balancing the legitimate rights and interests of both parties and the long-term interests of the children.

As a litigation agent, a lawyer, when dealing with divorce disputes with significant differences and no success in preliminary mediation, must not only fully listen and accurately convey the true demands of the parties, understand their actual economic and age-related objective difficulties, capture their true thoughts at the emotional level, and accurately grasp the focal points of the case disputes, but also have good professional cooperation, actively cooperate with the mediator and judge's mediation work, adopt appropriate communication strategies at different mediation stages; when the emotions of both parties are opposed and the mediation is at a stalemate, take timely reasonable measures to guide both parties to calmly handle the situation, avoid the escalation of contradictions, and always maintain a professional, responsible attitude and sufficient patience. Through legal and reasonable means, strive to protect the rights and interests of the parties, pay attention to the flexible application of mediation methods, build an effective communication platform based on the true demands of the parties, so that both parties fully understand each other's actual situations and true thoughts, cooperate with the judge and mediator to gradually resolve contradictions, promote the efficient and peaceful resolution of disputes, and reduce the negative impact of litigation confrontation.

And from the perspective of the parties concerned,Divorce disputeIn the handling of the case, one should rationally view issues such as custody, child support, and visitation rights, abandon confrontational thinking, fully consider the actual economic conditions and other realistic factors of the other party, understand the actual impact of seemingly small differences in expenses on the vulnerable party, and also sincerely express one's own child-rearing intentions and actual difficulties; even if an agreement could not be reached after multiple mediations by the mediator in the preliminary stage, one should maintain rationality and patience during the trial stage, actively participate in the mediation work led by the judge, communicate on the principle of fairness, reasonableness, mutual understanding, and mutual concessions starting from the healthy growth of the children, and, if necessary, rely on the professional assistance of a lawyer to control the pace of negotiations and convey real demands, break the deadlock of differences, and, while safeguarding one's own legitimate rights and interests, achieve a proper resolution of the dispute.

Seven, Legal Index

The Civil Code of the People's Republic of China

Article 1084: The relationship between parents and children shall not be terminated due to the divorce of the parents. After divorce, the children, whether directly cared for by the father or the mother, remain the children of both parents.

After divorce, parents still have the rights and obligations to support, educate, and protect their children.

After divorce, children under two years of age shall be primarily cared for by the mother. For children who are two years of age or older, if the parents cannot reach an agreement on custody, the People's Court shall make a judgment based on the specific circumstances of both parties, in accordance with the principle that is most favorable to the minor children. For children who are eight years of age or older, their true wishes shall be respected.

Section 1085

After divorce, if the child is directly cared for by one party, the other party shall bear part or all of the child support. The amount of the support and the duration shall be agreed upon by both parties; if they cannot reach an agreement, the People's Court shall decide.

The provisions of the preceding paragraph regarding the agreement or judgment do not prevent the child from reasonably requesting an amount exceeding the original amount stipulated in the agreement or judgment from either parent when necessary.

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 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 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 dealing with 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 cover: real estate (residential property, small property rights, land use rights, etc.), various property rights (equity, debt, relocation compensation, copyright, invention patents, etc.). The team has completed the compilation of "Daohua Marriage and Inheritance Successful Case Compilation" and "Legal Practice of Family Wealth Transmission." Both legal practice and theoretical research have achieved remarkable results.