The court: pay alimony until adulthood!

2022-04-29 0 By

When they fell in love with each other, they broke up with each other without mercy. They even ignored their children for nine years and refused to pay a cent in child support.Court strikes!!>>> Case review In January 2011, the woman Peng mou and the man Guo mou through blind date and established a love relationship, engaged after the two began to live together.The couple ended their relationship in June after falling apart following an argument over life issues.During this period, the two parties did not handle the marriage registration formalities.However, Peng was pregnant when she lived with Guo and gave birth to a boy, Xiao Peng, in February 2012.After the child is born peng mou ever held the child to look for Guo mou, but Guo mou avoids and does not see, Peng Mou then brings up small Peng alone.In August 2020, as xiaopeng education and medical expenses and other expenses gradually increase, Peng mou feel increasingly heavy pressure, then again find Guo mou proposed to share xiaopeng alimony and other matters.However, Guo denied that he was related to Peng and refused to pay alimony on the grounds that there was a one-letter difference between the father’s name on Peng’s birth certificate and his own.Helpless, Peng in March 2021 to shuangfeng County people’s Court zimen court filed a lawsuit.>>> After the court hearing about the problems on the birth certificate, Peng explained in the trial process: “I was alone in the hospital to give birth, the doctor asked me when MY body was weak and my voice was low, the doctor heard the name wrong.When I went to the doctor to change it, it was already in file and I couldn’t change it.”In addition, Peng also submitted relevant evidence to the court, after a preliminary review can form a reasonable chain of evidence to prove that there may be a paternity relationship between Xiao Peng and Guo.Kwak did not submit evidence to the contrary and is still insisting on denying it.Peng then applied for paternity test to the court, at first Guo was firm and refused to cooperate, the judge communicated with it for many times, and told Guo if not cooperate will bear the corresponding legal consequences, Guo finally agreed to carry out paternity test.Through DNA identification, determine Guo mou is small Peng biological father.In order to effectively safeguard the legitimate rights and interests of minors and protect the healthy growth of children, according to article 1071 of the Civil Code of the People’s Republic of China, children born out of wedlock enjoy the same rights as children born in wedlock.The natural father and the natural mother who do not directly rear their child born out of wedlock shall bear the living and educational expenses of the child, etc.The judge took the actual situation of the original and the defendant into consideration, combined with the local economic development level and consumer spending, and made the following judgment: the defendant Guo mou shall pay the plaintiff Peng mou’s child maintenance of 64,800 yuan from February 21, 2012 to February 20, 2021 within ten days after this judgment comes into effect;Since February 21, 2021, the defendant Guo on February 21 each year to pay the plaintiff Peng next year’s child maintenance 7,200 yuan, until the child Xiao Peng adult.After the first instance of judgment, Guo refused to accept the judgment, advocate only bear the prosecution after xiao Peng’s alimony, then filed an appeal to loudi Intermediate Court.Loudi Intermediate People’s Court held that the facts of the first instance were clearly identified and the law was correctly applied. The appeal was rejected and the original judgment was upheld.Source: Hunan High Court