The Guangdong man raised his baby alone for nearly 8 years to get 30,000 yuan compensation

New Express reporter Yang Xi Yin, a correspondent, reported that his wife was leaving home for nearly 8 years, and a man in Guangdong raised and took care of the two children alone. During the divorce, the court determined that the husband had a lot of family obligations during the duration of the marriage relationship. His wife was neglected to fulfill the family obligations and ordered his wife to pay 30,000 yuan in compensation to the husband.

The plaintiff (woman) and the defendant (man) met, fell freely, and voluntarily completed the marriage registration procedures during the foreign worker. At the beginning of the marriage, the two sides had a good relationship and lived together in the defendant's house and had two children. Later, due to the contradiction between the husband and wife, the plaintiff left the defendant's house for nearly 8 years. During the separation period, the two children were raised and taken care of by the defendant alone.

The plaintiff filed a lawsuit against the court on the grounds that the relationship between the husband and wife broke down and requested the order: the plaintiff and the defendant divorced; the two children were raised by the defendant, and the support fee was borne by the defendant. After mediation, the plaintiff insisted on divorce; the defendant recognized that the relationship between the two sides had ruptured, but the plaintiff required the plaintiff to compensate for 100,000 yuan before they agreed to the divorce, and the mediation was unsuccessful.

Huizhou Longmen Court trial believes that both parties agree that the relationship has been ruptured and there is no possibility of reconciliation. They also agreed that they were raised by the defendant. Therefore, the two sides were divorced and the two children were raised by the defendant. As for the defendant's request for compensation, based on both parties confirmed that during the separation period of the past 8 years, the two children had been raised and taken care of by the defendant himself, and the plaintiff failed to prove that they had bear some living expenses of the two children. During the duration of the marriage relationship, a large number of family obligations were affected. The plaintiff should give the defendant a certain compensation and the plaintiff paid the defendant to the defendant as appropriate.

Judge

The value of housework should be respected

Judge Long Haipeng of the Longmen Court of Huizhou said that during the duration of marriage, one party often had more family obligations to raise children, take care of the elderly, and assist the other party to relieve the worries of the other party. In particular, there are often family obligations that often have a large burden, which leads to the time and energy of their investment in self -development and self -actualization, and even fully sacrifice the opportunities for self -development and fully invest in housework. When the husband and wife divorce, the one who has more family obligations and provides more intangible support for the other party will instead facing the predicament of their rights and interests due to weak or lack of financial ability, which is obviously against fairness. Therefore, the value of housework should be respected, and it is necessary to provide a divorce economy compensation for the party's party with more family obligations.

In accordance with the provisions of Article 1088 of the Civil Code, this case makes a decision to partially supports the request to the defendant's divorce economy compensation. Taking care of families and raising children with all myself, at least compensation when divorce has positive demonstration significance. In addition, the noticeable point in this case is that the party with a lot of family obligations is not only women in traditional cognition. When encountering the man's duty of more family, they should also protect the legitimate rights and interests of the man.

What are the applications for the application of divorce economy compensation? Judge Long Haipeng introduced that economic compensation requests are premised on the burden of more family obligations. Determining whether one party assumes more obligations, it should be comprehensively measured in conjunction with the time cost, energy cost, and benefits obtained by one party's obligations to comprehensively measure. Economic compensation requires one party to take the initiative to propose that the court is not allowed to apply, but the court can explain to the parties that their economic compensation claim rights can be determined by the parties. It should be noted that when the economic compensation request must be proposed during the divorce, after the agreement or the judgment of the divorce, one party proposes economic compensation requests, and the people's court will not accept it.

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