2013年1月16日星期三

Ten Million is Too High

Ten million too high, the monthly payment of 4,000 yuan

The first instance court found that the children born out of wedlock enjoy the same rights as legitimate children, and no one shall be subjected to harm and discrimination. Not directly upbring father or mother, shall bear the expenses of living and educational expenses of the children, until the child is able to live an independent life. Forests as Andy's biological father, shall perform the obligations of upbringing, education, Andy.

But the judge, the forests to Xiaoyun issued arrears and guarantee written undertaking monthly alimony payment Andy is not less than 1.5 million to pay for 20 years, a total of ten million yuan, more than the general life of minors the need for, and the commitment could harm the interests of the the forests wife and daughter, then finds that arrears and to ensure that the contents of the book about the alimony invalid.

According to the provisions of the "Supreme People's Court on the trial of the divorce cases dealing with the issue of child support specific comments": "children tending the amount, according to the actual needs of the children, the parents of both affordability and the actual living standards of the local determination. Fixed income tending generally according to the proportion of 20 to 30 percent of their gross monthly income benefits. tending the burden of more than two children, the proportion may be appropriate to increase, but generally should not exceed the percent of the gross monthly income fifty. "

Currently, Xiaoyun failed to provide sufficient evidence to prove its really necessary high alimony, also failed to provide sufficient evidence to prove that forests have economic capacity, and do need to increase the support payments, such as Andy future can still further advocated an increase in the actual situation .

Final discretion to determine, in accordance with the proposal of the forests in the trial, monthly burden of Andy alimony 4000 and all medical expenses, until it is able to live an independent life.

The second trial

Dismissing the appeal: the woman also has obligations to support

After the announcement, the two are not satisfied with, respectively, an appeal to the Guangzhou Intermediate People's Court. Xiaoyun still require ten million alimony, forests, high 4000 yuan / month alimony requirements lowered to 2,500 yuan / month.

Court rattling the two former mutual affection is no longer. Subsequently, the two men in a face-to-face "negotiations" in the altercation, thus fighting Xiaoyun hit by forests deaf hearing impaired (later identified as minor injuries). Forests and therefore pay a heavy price for intentional assault was sentenced to imprisonment for more than one year, and therefore the absence of a second trial.

In the second instance, Xiaoyun also submitted a number of cost evidence, such as hire housekeeping nanny from 1800 yuan rose to 2,500 yuan / month / month and take care of their children can not go to work, no income, etc., require compensation in alimony loss of discretion improving.

Guangzhou Intermediate People's Court after the trial, the facts found by the court of first instance and the applicable law are to be recognized, and suggested that the forests as a father, of course, has obligations to support, but as a mother also support obligations Xiaoyun, so their loss of income should not from forests to pay the bill.

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