Can the support fee be required to pay at one time?It is really possible, these are common conditions!

Legal knowledge points: In the judicial practice of divorce disputes, if both parties have children raised, the payment of children's support fees will generally involve the child's support fee. Can the payment of children's maintenance fees be required to pay at one time? The provisions of the law are really possible. According to Article 8 of the Supreme People's Court's "Several Opinions on Treating the Treatment of Children for Children in the People's Court of the People's Court", the nursery fee shall be paid regularly, and the conditions can be paid at one time.

Judging from the provisions of Article 8, the payment of children's maintenance fees is in principle. In principle, most of them are paid or paid on a monthly basis in practice, and there are also quarterly payment. However, in addition to the payment time in principle, those who have the conditions can also be paid at one time. In this case, one -time payment is not ruled out in law, but it is limited to "conditional", what are the specifically? The law does not stipulate, so this condition can only be summarized according to judicial practice. In this regard, the editor checked the relevant jurisprudence. According to the practice summary, if there are one of the following situations, the request to pay for the child care fee at one time, and the child support fee. The court is more likely to support:

First, involves a large division of common property of husband and wife.

When the husband and wife divorce the property, the property is large, involving a large amount of property division. In practice, if one party needs to pay for the support, the monthly standard is calculated to 18 years old. Raising fee.

Second, the other party has drugs, gambling or other illegal acts, and may splurge in property or generate major debt in the future.

This situation is really a lot in practice. Many parties have to pay for their children's support for the support of their children when they divorce, and most of them are also concerned. There are evil habits such as drug abuse and gambling. If the current support fee is not received at one time, and the property is defeated in the future, no one can do it.

Third, the payment of the maintenance fee involves criminal cases, and is escaping or restricting personal freedom.

In practice, the main parents originally agreed to pay the support fee of the child monthly or year -on -year, but the payment parties later involved criminal cases, and escaped or sentenced. It can be changed to the court to change to a one -time payment. The probability of success in this situation is very high.

Fourth, the party that pays for the support is foreigners or may move abroad.

This situation is mainly to consider that there may be difficulties in execution in the future. Once the other party does not fulfill the obligation to pay for the support, it may be difficult to execute or perform a particularly high cost of execution.

Fifth, the two parties negotiate and pay one party to pay for the support.

Strictly speaking, this item is not a condition stipulated in the above laws. The two parties negotiate and pay voluntarily. Generally, the law will not interfere. In this case, it is allowed. In the practice, most of the payment parties regret the payment. In this case, the two parties agreed to be valid. The court generally supports one -time payment.

If you have one of these conditions, the parents can actively request, and the court will be more likely to pay a one -time payment. Of course, the above items are relatively common conditions in practice, and they cannot be limited to these, because the law does not clearly specify specific conditions. As long as there is a proper reason for the one -time payment for support, you can ask the court. Whether it can be supported, the court will judge according to the specific situation of the case. In order to better explain the meaning of relevant legal provisions, Xiaobian now shares a practical case involving the legal provision for your reference.

Introduction to the case: The plaintiff Shu Moujia sued the court that the plaintiff's mother, Tong Mou, registered for marriage on August 9, 2010, and gave birth to the plaintiff Shu Moujia on February 4, 2011. When Shu Mou complained about Tong's divorce dispute, the two sides mediation divorce, and the marriage child Shu Moujia was raised directly by Tong. Shu Mou paid the support fee at a standard of 80,000 yuan per year from January 1, 2014, until his son Shu When a certain life is independent, the support fee is paid annually, and Shu should pay the maintenance fee of the year before January 31st. The mediation letter had legal effect on December 13, 2013, but the defendant has not yet fulfilled the obligations determined by the civil mediation.

Tong applied to the people's court for compulsory enforcement according to law. The people's court in a certain district held the case on April 3, 2014, and seized the defendant's next real estate on May 7, 2014. The people's court in a certain district suggested to Tong to propose the payment method to change the support fee. Otherwise, because the monthly payment is paid, the amount of support is low, and the real estate cannot enter the auction procedure.

On October 14, 2015, the People's Procuratorate of a certain district issued the "Explanation of the Situation". The content was: Shu was investigated by our hospital on July 3, 2014 for suspected bribery. Essence The property in a somewhere in a somewhere does not belong to the property involved in the crime committed by the defendant.

Given that the defendant Shu was suspected of criminal crimes and could no longer pay the support fee on time, the plaintiff requested to change the defendant's one -time payment of support, until the plaintiff graduated at the age of 22. The defendant did not respond.

The point of judgment: After trial, the court believed that the defendant was currently undergiving due to the loss of bribery, and it was unable to fulfill the support obligations determined by the effective civil mediation letter. Continuing the annual payment fee will be difficult to protect the legitimate rights and interests of minors, and the defendant has a set of sets of sets of sets Real Estate has the conditions to pay at one time. Therefore, the plaintiff requested that the lawsuit request for a one -time payment fee method was required, and the court supported it. The defendant shall pay a one -time support for the plaintiff for 134,6667 yuan. × 16 years + 80,000 yuan/12 × 10 months)]. As for the maintenance fee from January 2014 to March 2016, because a civil mediation letter has taken effect, the plaintiff shall be processed through the execution of the procedure, and the court will no longer repeat the processing here.

Results of the judgment: According to Article 21 and 37 of the Marriage Law of the People's Republic of China, Article 8 of the Supreme People's Court "Several Opinions on the Treatment of Children's Raising Cases of the People's Court", " The Law Law "Article 64, paragraph 1, 92, and Article 144, judgment: The defendant Shu should pay the plaintiff Shu Moujia within ten days from the date of effectiveness of the verdict. From April 2016 to January 2033, the support fee was RMB 134,6667.

Lawyer commented: In this case, Tong and the defendant Shu had a mediation after the divorce of the defendant Shu. The child Shu Mouyi was directly raised by Tong, and Shu paid 80,000 yuan each year for support. However, if Shu is fled because of the crime of bribery, it is impossible to fulfill the effective obligations of the maintenance fee annual payment of the effective mediation. Property guarantee. Therefore, the plaintiff Shu Mouyi requested a one -time payment of the support fee to be supported by the court.

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