Ningbo husband has illegitimate children how to do

Ms. Wang was shocked and angry when she found out that her husband had an illegitimate child outside. What she was most concerned about was: what can I do? Conclusion first: if a spouse is found to have illegitimate children, he can safeguard his own rights and interests from the aspects of confirming the parent-child relationship, claiming compensation for divorce damages, investigating the responsibility of bigamy (if constituted), protecting and dividing the common property of husband and wife, and recovering the transferred property-but there is no "clean body and leaving the house" in law, illegitimate children also enjoy the same rights as legitimate children, and spouses have the legal obligation to support for them. There is already a precedent for such a decision in Ningbo: according to the divorce case of Meishan Court of Beilun District Court (reported by Zhejiang Rule of Law on October 13, 2021), the husband remarried and gave birth to two children with others, and was eventually sentenced to pay financial compensation of 150000 yuan and damages of 50000 yuan, which was upheld by the Ningbo Intermediate People's Court in the second instance. This article is combed completely according to the logic of "qualitative-right-path.

1. first characterization: what illegitimate children mean in law

article 1071 of the the People's Republic of China Civil Code stipulates: "Children born out of wedlock have the same rights as children born in wedlock, and no organization or individual may harm or discriminate against them. The biological father or mother who does not directly raise a child born out of wedlock shall bear the maintenance of a minor child or an adult child who is unable to live independently. "Understanding this provision is a prerequisite for dealing with such issues: first, the innocence of children-children born out of wedlock and children born in wedlock have equal rights, including custody and inheritance rights (article 1127 of the Civil Code lists legitimate children, children born out of wedlock, adopted children and dependent stepchildren as first-order legal heirs), and any discrimination or refusal to pay maintenance is not supported by the law, the fault is in the adult-extramarital birth itself is a serious violation of the spouse's duty of marital loyalty, which can constitute" other major faults "in the compensation for divorce damages, and may also touch the criminal law if there is a situation of bigamy or living together in the name of husband and wife. Third, the duty of support is legal-the biological father has the same duty of support for children born out of wedlock as children born in wedlock, and the wife cannot confront with "refusal to recognize", but the boundary of rights and obligations can be clarified through the claim of parent-child relationship confirmation. What needs to be emphasized is that the existence of illegitimate children does not directly change the scope of the joint property of the husband and wife. What really affects the property rights is whether the expenses incurred by the spouse for the third party or the child born out of wedlock infringe on the joint property interests of the husband and wife.

2. four rights and corresponding paths

1. confirmation of parent-child relationship: according to Article 1073 of the Civil Code, if there is any objection to the parent-child relationship and there are justifiable reasons, the father or mother may sue the court to confirm or deny the parent-child relationship. In practice, the facts can be fixed through paternity testing: it can be entrusted to an institution with judicial qualification, or it can be applied to the court for entrusted identification in litigation. Article 39 of the (I) of Interpretation establishes the rule of presumption: if one party sues for confirmation of paternity and provides the necessary evidence, and the other party refuses to do a paternity test without evidence to the contrary, the court may find that the claim of the confirmed party is valid-the other party's "refusal" may itself be a reason for adverse presumption.
2. Claims for divorce damages and related compensation if the spouse gives birth to children with others constitutes bigamy, cohabitation or "other major faults", the innocent party may claim damages according to Article 1091 of the Civil Code. The case of Meishan Court in Beilun, Ningbo, shows that under such circumstances, economic compensation such as housework can also be claimed according to Article 1088 of the Civil Code. The two items are supported in parallel (economic compensation is 150000 yuan and damages is 50000 yuan, which is maintained by Ningbo Intermediate Court in Second Instance).
3. Investigate the responsibility of bigamy: if the spouse and the third party live together in the name of husband and wife, go through the marriage registration or publicly match the husband and wife, they are suspected of the crime of bigamy (Article 258 of the Criminal Law, sentenced to fixed-term imprisonment of not more than two years or criminal detention). Whether it constitutes bigamy must be strictly determined, and evidence of living together must be collected and reported to the public security organs.
4. Property protection and recourse: prevent the spouse from transferring the common property of the husband and wife to a third party or a child born out of wedlock-if signs of transfer are found, apply for property preservation in a timely manner; large amounts of property donated to a third party without authorization during marriage may be recovered in accordance with the rules of invalidation of the gift; when the divorce divides the property, the party who conceals or transfers the common property may claim less or no division.

3. Evidence and Operations: Five Steps

the evidence in such cases is king, and it is suggested to operate in five steps: the first step is to fix the basic evidence-birth certificate, paternity test opinions, chat records between spouse and a third party, transfer records, photos and videos of common life, etc., according to the evidence chain and pay attention to legal evidence collection (refer to the fixed standard of electronic evidence, keep the original carrier and complete recording screen); the second step, apply for paternity test or confirmation of the lawsuit.-When necessary, file a lawsuit to confirm paternity with the court and apply for appraisal; The third step is to evaluate the form of fault-to determine whether bigamy, cohabitation or major fault is constituted, and to decide the path of damages and criminal reporting. The fourth step is property protection-if it is found to have transferred property to a third party, immediately apply for preservation and claim division or recovery in divorce proceedings. Step 5, co-ordinating litigation-in divorce proceedings, it advocates damages, property division and maintenance arrangements, and clarifies the relationship between illegitimate child support and the maintenance of one's own children. Don't rush into a showdown when there is insufficient evidence: in a divorce dispute heard by Ningbo Jiangbei Court, one party claimed that the other party derailed and transferred property, but was not accepted by the court due to insufficient evidence-a complete chain of evidence is a prerequisite for the establishment of the claim.

4. common mistakes

myth 1: Having illegitimate children can make the other party clean out of the house. Positive solution: the law does not provide for "clean out of the house", the division of property in accordance with article 1087 of the Civil Code in accordance with the principle of taking care of the rights and interests of children, women and no-fault parties, fault is a discretionary factor rather than a "clearing" tool.

Myth 2: Spouses can be denied payment of illegitimate child support. Positive solution: the spouse has a legal obligation to support children born out of wedlock (article 1071 of the Civil Code) and it is illegal to refuse to pay; if the amount of maintenance is disputed, it may be determined through litigation according to the actual needs of the children, the affordability of the parents and the local standard of living (rule

49of the (I) of interpretation).

Myth 3: All derailments can claim high compensation. Positive solution: the amount of compensation is determined by the court according to the degree of fault, the consequences of damage, economic capacity, etc., and serious circumstances such as extra-marital childbirth and bigamy are more likely to be supported, but there is no unified "market price".

Myth 4: illegitimate children will divide the inheritance of their own children. Positive solution: children born out of wedlock and children born in wedlock are both first-order heirs, and the share of inheritance is equal in principle, but the heirs can be arranged through a will.

5. upbringing, inheritance and the extension of property planning

the handling of the issue of illegitimate children also involves three "long-term issues". First, the structured arrangement of alimony-the biological father's obligation to support children born out of wedlock will not change due to marital status, monthly alimony payment is the norm, and one-time payment or property guarantee can also be negotiated. The payment method and standard are recommended to be fixed by written agreement or confirmed by litigation to avoid "private money without proof and unclear afterwards"; When the wife divides the common property, the amount paid to the illegitimate child may be required to be included in the joint property expenditure of the husband and wife, claiming a corresponding deduction. Second, the realistic impact of the share of inheritance-children born out of wedlock and children born in wedlock are both first-order legal heirs, and if the heir does not make a will, the share of legal inheritance is equal in principle. Third, the boundary between privacy and reputation-when dealing with such disputes, pay attention to protecting the privacy of underage illegitimate children. Public communication and online exposure may constitute infringement, and rights protection should also keep the bottom line of law and morality. These three things are handled properly and can transform "sudden crises" into "manageable arrangements".

6. FAQ

can the illegitimate mother sue the man for alimony? Will it implicate the wife?

Can. Children born out of wedlock may sue their biological father for alimony in their own name (mother as legal representative) in accordance with Article 1071 of the Civil Code. The alimony is limited to the personal property of the biological father and the scope to which it should be borne, and does not directly involve the personal property of the wife. However, if it is actually paid from the joint property of the husband and wife, the wife may claim corresponding return or compensation in the divorce division.

The spouse does not admit that the illegitimate child is his, how to confirm?

It can be resolved through paternity testing or confirmation of paternity. If one party provides necessary evidence (such as paternity test entrustment record, the other party's self-admission record, birth time coincidence, etc.), and the other party refuses to cooperate with the identification without contrary evidence, the court may presume that the confirmation party claims to be established according to law.

What is the standard of alimony for illegitimate children? Can the wife ask for a reduction?

The maintenance fee is determined according to the actual needs of the children born out of wedlock, the affordability of the biological father and the actual living standard of the local area, and is determined according to the proportion of 20%-30% of the total monthly income with a fixed income. If the maintenance paid by the biological father affects his obligation to support the child born in wedlock, the child born in wedlock may claim a corresponding adjustment, but the wife cannot unilaterally claim exemption from the legal obligation to support the child born out of wedlock.

My husband bought a house and transferred money to a third party. Can I recover it?

Can. Unauthorized donation of the joint property of husband and wife to a third party during marriage violates public order and good customs, and the gift is invalid, and the third party may be sued for return (the three-year statute of limitations shall be calculated from the date when it is known or should be known); Large-sum transfers, house purchases and other well-documented expenditures are the focus of recourse, and it is more difficult to prove small consumer expenditures.

After the discovery of illegitimate children, how will the property be divided in the divorce?

The common property is still divided according to article 1087 of the Civil Code, and the extramarital birth as a fault affects the discretion of "taking care of the innocent party. The illegitimate child itself does not directly divide the joint property of the husband and wife, but the maintenance paid by the biological father is protected by law within a reasonable range.

Practical Experience of 7. Lawyers

found that the spouse has illegitimate children, emotions, the first thing to do is to stabilize and fix the evidence, rather than an immediate showdown. First, quietly keep the materials that can prove the existence of the child and the relationship between the spouse and the child: birth information, custody or transfer records, traces of common residence, and necessary communication records. These are not used to take out their anger, but are the basis for later claiming damages, disposing of property, and even judging whether bigamy is involved. The earlier it is fixed, the less likely it is to be erased after the other party reacts. It is best to finish this step before the showdown.

Be prepared: there is no such thing as "clean out of the house" in law. An illegitimate child has equal rights with a legitimate child, and the spouse has a legal duty to raise the child, which also means that the expenses in the common property used to raise an illegitimate child will be a focal point in your claim for multiple points or claims. There are roughly a few paths you can take: claiming damages for divorce, pursuing liability for bigamy (if constituted), and preventing and recovering transferred common property. Which way goes depends on the evidence, not the level of anger.

This piece of property should be stared. Most people will first quietly transfer deposits, real estate, and equity, so comb through the clues of common property as soon as possible and consider preservation. When negotiating, it is natural to take "you have children abroad and have to bear the burden of support" as a bargaining chip, but don't take it as a moral trial to increase the price indefinitely. What falls on paper is the amount of property and the amount of compensation. In terms of timing, it is much more useful to have evidence first, keep up with preservation and advocate synchronization than to have a quarrel before supplementing evidence. Whether bigamy can be advocated and how much can be compensated should also be judged in combination with the evidence case, and should not be taken for granted.

If it is found that the spouse has illegitimate children, the more important thing to do in addition to emotion is legal calculation: first confirm the parent-child relationship and nail down the facts, then evaluate whether it constitutes bigamy, cohabitation and other legal faults to claim damages, simultaneously protect common property and recover transferred assets. What needs to be clearly understood is that the law protects the innocent party but does not support "punitive clean out of the house", and the legal rights of children born out of wedlock are not deprived because of the fault of adults. Only by rationally fixing evidence, co-ordinating property and custody arrangements can we keep our rights and interests in the divorce game, and at the same time, it is recommended to do a good job of will and property planning to avoid secondary disputes caused by the distribution of the estate behind us.