Can the transfer of 50,000 yuan before the divorce offset the support for the children payable after the divorce?

Recently, the lawyer represented a case of a dispute over the support for children in the Fengtai District Court of Beijing. Among them, the issue of 60,000 yuan that can be transferred to the child before the divorce to offset the support fee paid after the divorce. The general situation is: the mother of the plaintiff Xiaoxuan (a pseudonym, 6 years old) and the defendant Xiao Xuan's husband and wife Ma (pseudonym) handled the agreement divorce procedures for the breakdown of the husband and wife six months ago. In the divorce agreement, the woman was agreed to get her children's custody, and Ma paid 5,000 yuan for the maintenance fee on a monthly basis. A few months before the divorce, Ma had transferred 60,000 yuan to Xiao Xuan's mother's account. After the divorce, Ma paid only for a month of support and refused to pay again. To this end, Xiao Xuan's mother commissioned the lawyer to initiate a dispute over the Fengtai District Court.

During the trial, although the defendant Ma recognized the authenticity of the divorce agreement, he took out the aforementioned 60,000 yuan transfer voucher claiming that he had paid the maintenance fee for one year after the divorce, so the behavior that did not pay for the support now did not illegally divorce the law. Agreement.

The divorce lawyer did not recognize Ma's defense opinion. First of all, although Ma Mou had transferred 60,000 yuan to Xiaoxuan's mother's account a few months before the divorce, there was no evidence to prove that the money was transferred to Xiaoxuan as a child support fee. Xiao Xuan's mother believed that the money was the man before the divorce because the two sides separated for more than a year to give compensation to the woman's obligations for more than a year, trying to restore the relationship between the husband and wife, which has nothing to do with the child support fee. Secondly, the money was transferred to Xiaoxuan's mother before the divorce, and the case asked the man to pay the child support fee after the divorce. The two were not related. Moreover, it is true that the man said that "the 60,000 yuan is the child care fee after the divorce after the divorce" is true, so there is no need to pay the support fee during the first year of the divorce. However, the fact is that the man paid 5,000 yuan in the first month after the divorce. This kind of contradiction is not reasonable. In summary, the lawyer's inference for the cause of the case was that the man paid 60,000 yuan to the woman to make up for the family's obligations to make up for the family's obligations before the divorce. The purpose of the two parties finally completed the divorce procedures. After the divorce, the man was convenient to think that the money was lost by white, so after paying the child support fee for the first month, he began to regret it, trying to recover the so -called losses in this way.

After some fierce confrontation, the judge adopted the lawyer's opinion, and finally judged that the man must pay all the support for the arrears and continue to pay the future support fee.

Copyright is a Beijing marriage lawyer, welcome to consult with marriage lawyers, Beijing divorce lawyer-Beijing's most professional divorce lawyer http://www.bjlihun.com

- END -