Jinan News newspaper promised to pay all of his father to the daughter until she graduates from university, but the way to go back on the grounds of her long adulthood. The second instance is final, the father was sentenced to lose. Recently, Lixia District, Jinan, this Court Zhijie request from daughter to father child support cases.
2007 年 Lee parents divorce. Contract agreement, the father will pay card to the mother custody, for support is the daughter of Lee college. At this point, Lee is a film school students, under the name of a real estate 2, Jinan, Beijing real estate 1. At the same time, she took too many movies, TV shows, short films and advertising,
MBT Karibu, paid. Agreement signed soon, father to daughter is an adult, but also the grounds of an independent life, ordered to report the loss of their wages card, so her daughter can not get child support.
2007 by the end of Lee, the father told his daughter to court, asking the court to order parent to pay support payments of 5600 yuan per month and support the child support owed. Court of First Instance that the present case for the child support dispute. There were several properties under the name of his daughter,
Puma Baylee Future Cat, in the absence of clear evidence that his daughter unable to pay the living and educational expenses and the expenditure of 5600 yuan per month is really necessary living and educational expenses of the circumstances, to require the defendant to pay child support claims of no factual basis, it rejected the plaintiff's appeal.
daughter, Lee filed an appeal against first instance verdict. November 10, 2008, Jinan City Intermediate People's Court of second instance that my father will pay the money on the card to my daughter, until graduation, the parents agreed on the contents of the divorce agreement. The agreement of both parties and means that legally valid, binding on the parties of their content, the father should fulfill its commitments. Commuted the court of second instance, an order to pay his father, February 1, 2007 to November 30, 2008 support costs 89,760 yuan, and since December 1, 2008, the monthly payment of 4,080 yuan.
effect because his father does not fulfill the court ruling, in January 2009,
Puma Fluxion II, daughter of Lee for enforcement. June 10, 2009, the court have been forced by law to take certain measures. Forced deterrent enforcement, his father fulfilled all payment obligations.
Comments
Lixia District Court Executive Secretary ZHAO Xue-qiang: By law, parents legal custody of the child support obligation to 18 years of age, adult children, parents legal custody obligation has been fulfilled. In the absence of legal obligations to support the premise, the parents give their children money and goods, or continue to bear the cost of living, is a protocol behavior. Party autonomy in accordance with civil law and agreed to implement the principle of priority, the true meaning of both parties said the agreement to be implemented.
in the present case, the Lee parents divorce agreement is lawful and valid, the father should be carried out. Thus, while the daughter has many properties, but also fully capable of its own commitment to education and living expenses, but these have nothing to do with the content agreement. Daughter is a request under the agreement, rather than asked his father to perform legal support obligations. Therefore, the daughter won the gift case between father and daughter.