Alteration of theRelationship of Parental Support to Children

(ByNingning Zhao)

History of the relationship between the plaintiffand the defendant

1. Ms. Liu,the plaintiff and the Mr. Jin, the defendant registered their marriage inOctober 2007, and gave the birth to their son in the end of the year.

2. Because of the difference incharacters, the both parties divorced in March 2008 by agreement.

3. According to their divorce agreement,the son would live with Mr. Jin and Ms. Liu shall pay 400RMB monthly as themaintenance fee for the son, and visit the son once a week.

4. After divorce, Ms. Liu just paid 800RMBfor the son totally, and visited the son according to the agreement reached byboth parties.

5. Mr. Jin remarried in 2010 and hadanother son, Ms. Liu did not believe Mr. Jin would foster the son as well asbefore, and the more important reason is Ms. Liu always kept single life.

6. Ms. Liu filed the case to the courtwith the claims for alteration of maintenance to the son.

Judgment

The claim forwarded by the plaintiff wasnot supported by the judges.

Opinionsof the judges

1. The plaintiffand the defendant had settled the issues of fostering the son, expenses ofparental support as well as visitation right by divorce agreement.

2. Thedefendant and his parents had fully fulfilled their duty to foster the childafter divorce conforming to the divorce agreement, and cooperated while thedefendant visited the son guaranteeing the plaintiff’s visitation right.

3. The plaintiffdid not fulfill her duty to pay the maintenance fee for the son since May 2008.

4. Comparatively,the defendant is fitter to maintain the child due to his financial ability,stable work, harmonious family relations, as well as the child’s current stableliving environment.

5. Thedefendant’s remarriage is not the legal ground for the plaintiff to alter therelationship of parental support to the child.

Lawyer’s Eyes on the Case

1. Divorceagreement is the true declaration of will for both parties under the process ofdivorce, which shall settle the issues including dissolution of marriage,marital property division and the maintenance of children.

2. Ways toalter the relationship of parental support to children, alteration by agreementwith true and legal declaration of will and alteration by proceeding withstrong and effective supporting evidence.

3. Grounds foralteration

A. The partywith fostering duty is not competent to bring up the child financially orhealthily.

B. Themaintenance by the party with duty is not suitable for the child’s healthphysically or psychologically.

C. The partywith fostering duty can not fulfill the duty.

 ( ZhaoNingning:  Claudia@familylawcn.com  www.familylawcn.com)

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