You didn't keep your promise to spend your life with me.
Not in love.
I want a divorce agreement.
Can keep the bottom line of trust for us.
Agreed child support.
Also become a bad check.
Only the law can make the final judgment. ......
Decent divorce according to the agreement
20 15 1 month
Jessica Fong Ching worked in a foreign company, and lyna founded a company after graduating with a master's degree. After they met and fell in love, they entered the marriage hall.
Xiao Hao, the son of Fang Qing and lyna, was born. It was supposed to be a happy family of three, but it came to an end in repeated differences between husband and wife. Divorce by agreement is the last dignity of this relationship.
2065438+September 2008
Fang Qing and lyna went through the divorce formalities at the Civil Affairs Bureau, and signed the Voluntary Divorce Agreement, stipulating that Xiaohao would be raised by Jessica Fong Ching, and lyna would pay 7,000 yuan of maintenance every month until the child 18 years old.
According to Jessica Fong Ching, the maintenance fee of 7,000 yuan was based on Liang Yuan's income at that time, and a series of factors such as Jessica Fong Ching's family's inability to take care of their children and the need to hire a live-in nanny. The two also stated in the agreement that they encouraged each other to find true love and happiness as soon as possible.
Rent children's housing to offset child support.
Don't be two wide, each is well. After the divorce, although it was sometimes late, Jessica Fong Ching still received alimony from lyna every month, and lyna also visited Xiaohao until Liang remarried on 20 19. Shortly after lyna remarried, she gave birth to a daughter with her wife, and repeatedly asked Jessica Fong Ching about reducing the alimony.
Fang Qing and lyna shared a two-bedroom house when they got married. Considering Xiaohao's convenience in going to school, both parties agreed that Fang Qing and Xiaohao would live together at the time of divorce. Lyna didn't ask Jessica Fong Ching for fees, and sold the house after Xiao Hao graduated from primary school. But at this time, lyna proposed to use the rent of a room (2,500 yuan) to offset the alimony, which was unacceptable to Jessica Fong Ching.
Negotiations failed, and lyna began to pay less alimony.
At the beginning of June 2020
Jessica Fong Ching, who took her son alone after the divorce, received the WeChat from her ex-husband lyna:
Lyna's reason is that the company he founded suffered serious losses due to the epidemic. In addition, he remarried and had children, and he really couldn't afford the monthly support of 7,000 yuan.
September 2020 to165438+1October
Jessica Fong Ching only received a total of 3000 yuan from Liang Yuan. The two men negotiated again. Lyna agrees that the rent of the room can be used to deduct the loan, but still claims that the maximum income can only support 3,000 yuan.
Lyna said that he moved to the community where Fang Qing and Xiao Hao lived just to take care of the children more conveniently, and the time spent taking care of the children could also be used to deduct the alimony. Jessica Fong Ching thinks it is the father's duty to take care of and visit the children, while lyna moved here because his company is close to here, so he didn't take care of the children.
Finally, we still have to go to court.
Can the support level of 7000 yuan shrink?
Jessica Fong Ching
Bring a lawsuit to the court, demanding that lyna pay the arrears of alimony of 6,543.8+800,000 yuan, and pay alimony of 7,000 yuan per month from June 654.38+February 2020 according to the divorce agreement.
lyna
A counterclaim was filed, claiming that the pressure of income decline and remarriage and childbirth had been overcome before September 2020, and the alimony had been paid in full, but now it was unable to pay, and the actual needs of children were not so much. It was required that the child alimony be reduced to 3,000 yuan per month from September 2020.
After trial, the court of first instance ruled that lyna should make up the maintenance fee of 6.5438+0.8 million yuan, and adjusted the maintenance fee of Xiaohao to 5,000 yuan per month according to the epidemic situation of starting a business and remarriage in lyna and Xiaohao's monthly expenses.
Both Fang Qing and Liang Yuan refused to accept the appeal and appealed to the Shanghai No.1 Intermediate Court.
The Shanghai No.1 Intermediate People's Court held that the focus of the dispute in this case was the standard of the alimony payable by Liang Yuan and whether it was enough for the court of first instance to adjust the monthly alimony stipulated in the divorce agreement from 7,000 yuan to 5,000 yuan.
Court of second instance:
First of all, when lyna and Jessica Fong Ching divorced, they not only signed a voluntary divorce agreement filed with the civil affairs department, but also signed a private divorce agreement. Both agreements stipulate that the maintenance fee is 7,000 yuan per month, which shows that the amount of maintenance fee is the result of careful consideration by both parties.
In addition, judging from the actual payment of alimony after divorce, lyna was able to pay alimony in full in the past two years despite the delay in payment, which shows that the agreed amount at that time did not exceed Liang Yuan's ability to pay.
Therefore, if there are no specific circumstances such as the obvious deterioration of the payer's economic situation and the obvious reduction of his labor ability, both parties should abide by the agreement when divorcing.
Second, about Liang Yuan's reasons for reducing the alimony. Regarding the reasons for remarriage and the actual needs of Xiao Hao in life, according to the available evidence, when lyna signed the divorce agreement, he did not consider whether he remarried or how much study and living expenses Xiao Hao actually needed to calculate the amount of support;
On the contrary, in the "divorce agreement", the two sides agreed that the monthly maintenance fee was 7,000 yuan, and they also promised to encourage the other party to find true love and happiness as soon as possible. Obviously, remarriage and childbirth are not related to the amount of support promised at that time. Therefore, there is no reason for lyna to ask for a reduction in the agreed amount of alimony.
Regarding the decline in income during the COVID-19 epidemic, lyna and Jessica Fong Ching did mention that the COVID-19 epidemic had a certain impact on their income. However, in this case, lyna did not provide the minimum evidence to prove that his current economic situation was significantly lower than that at the time of divorce. Therefore, the above reasons are unfounded, and it is difficult for the Shanghai No.1 Intermediate People's Court to accept them.
Lyna's appeal was rejected by the Shanghai No.1 Intermediate People's Court, lyna was sentenced to pay 1.8 million yuan in maintenance, and lyna was sentenced to pay Xiaohao 7,000 yuan in maintenance from February 2020 to 1.8 years old. (The names in the text are all pseudonyms)
Judge statement
Pan Jingbo, the presiding judge of this case and the presiding judge of the Juvenile Family Court of Shanghai No.1 Intermediate People's Court, pointed out that the divorce agreement is a package agreement reached by both parties for divorce. The contents of the agreement will include not only the dissolution of marriage and the child support closely related to identity, but also the division of property with more property attributes. However, no matter what the content is, it is a comprehensive agreement reached by both parties after comprehensive consideration of various factors, which is binding on both parties.
If divorce registration has been completed, both parties should abide by it and take it seriously, and cannot change it easily, otherwise it will be unfair to the other party. If there is evidence that the overall economic situation of the party who does not directly raise the children has obviously deteriorated, and the ability to work has obviously decreased, it will be impossible to guarantee the basic living by paying again, and the rationality of reducing the request for maintenance should be considered.