After the divorce, can the child's interest class cost be included in the support fee?

After the husband and wife divorce,

The cost of children in calligraphy, rock climbing and other interest classes,

Can it be included in the category of support,

Wave by parents?

Recently, a dispute over the support fee of the maintenance fee passed through the first and second trials of the Wulong District People's Court of Chongqing and the Third Intermediate People's Court of Chongqing City, and the cost of participating in the interest class exceeded the additional education costs that exceeded the basic education. Essence

Retrospective

The court found that the plaintiff Ms. Zhang and the defendant Mr. Luo had a relationship with the husband and wife. The two parties registered a divorce and signed a divorce agreement in July 2018. The agreement stipulated that Luo Xiaohua was raised by Mr. Luo. Because of the child's school, he lived with Ms. Zhang for the time being.

After the divorce of the two sides, Luo Xiaohua followed Ms. Zhang to live and read in Chongqing's main urban area. During this period, Ms. Zhang signed up for Luo Xiaohua, who graduated from Kindergarten to participate in more than ten interest classes such as calligraphy, climbing, piano, art, dancing, language, English, English, walking, ballet, handicraft, broadcasting, etc. The class should inform Mr. Luo through WeChat, but none of them received a positive reply from Mr. Luo.

After divorce, Mr. Luo paid Ms. Zhang's support for cash payment and WeChat transfer until June 2020, and then did not pay. Therefore, Ms. Zhang asked Mr. Luo to pay Luo Xiaohua's consumption fee of 76,101 yuan from July 2020 to October 2021, and from October 2017 to October 2021, Luo Xiaohua's four -year living expenses, interest class training fee and other expenses 96,000 yuan. It was also found that Ms. Zhang was engaged in the career of the kindergarten teacher.

Court decision

After the trial of the Wulong District Court, the amount of support for the support fee should be rational. The support for the support paid by the party that does not directly support the child is not all the costs of the children. Ms. Zhang advocated that Mr. Luo paid Luo Xiaohua's maintenance fee up to 7,000 yuan per month. Combined with the local price level, it has exceeded the rationality borne by the maintenance fee, and the consumption details shown by Ms. Zhang cannot directly prove that the consumer Luo Xiaohua Luo Xiaohua can be directly proved to Luo Xiaohua. Used. At the same time, Ms. Zhang asked Mr. Luo to pay Luo Xiaohua's training fee for the interest class, but did not provide evidence to prove that Mr. Luo recognized this, and the cost of these interest classes obviously exceeded the additional education costs of basic education. In the category of fees. As of December 2021, Luo Xiaohua still followed Ms. Zhang to live and study in the main urban area of ​​Chongqing. , Totaling 42,500 yuan. A few days ago, the case was maintained by the second instance of the Chongqing Third Intermediate People's Court.

Judge

"Explanation of the Supreme People's Court on the Application of the People's Republic of China Code of the People's Republic of China (1)" stipulates that Article 42 of the Civil Code Article 1067 "Restaurant", including children's living expenses, education expenses, educational expenses , Medical expenses and other expenses. Among them, it is worth noting that for a long time, the scope of educational expenses identified in judicial practice is mainly educational expenses in high school, junior high school, and primary schools, including tuition fees, book fees, and related educational projects that children must accept. Educational costs exceeding basic education, such as tuition classes, interest classes, and school selection fees, are often not calculated in the scope of education, and are determined by adult parents.

In this case, Ms. Zhang and Mr. Luo's biggest contradictions is that who should pay Luo Xiaohua's training costs to participate in interest classes. In this regard, both parties stated that when the two were divorced, Luo Xiaohua had not yet participated in the interest class. Later, Ms. Zhang successively allowed Luo Xiaohua to participate in more than ten interest classes in order to improve Luo Xiaohua's comprehensive quality. Although Ms. Zhang informed Mr. Luo through WeChat, she did not receive a positive reply from Mr. Luo. Because the cost of participating in interest classes above is an additional educational costs beyond basic education, when Mr. Luo did not explicitly explicitly explicitly be willing to bear this cost, Ms. Zhang asked Mr. Luo to bear this cost. support.

(Source: Chinese Law)

[Edit: Yu Lina]

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