Insights

Ningbo Two Children Divorce and Raise 12 List

Ningbo Author：LuXu WANG

It is much more complicated for families with two children to be separated than for families with only one child. Whether one person takes one, or both are with one party, how to hedge the alimony, how to keep contacts after brothers and sisters are separated, and how to arrange the student status and registered permanent residence may become the node of negotiation deadlock. This list takes apart the 12 recurring links in Ningbo's family practice one by one to facilitate self-examination.

1. I to 3: attribution arrangements and refereeing tendencies

the first decision point for families with many children is whether the two children are raised together or separately, which directly determines the structure of all subsequent provisions.

The first: one person one is not a fixed rule

if both parties have the conditions for support and each requires to support one, the court may deal with the matter in accordance with the wishes of both parties and the rights and interests of the children. But this is only one of the options, not the inevitable conclusion. If two children live together for a long time and are highly dependent on each other, forced separation may be considered to be detrimental to their physical and mental health.

The second to three items: the treatment of age differences and will differences.

Second, if the two children are in different age groups, the corresponding rules need to be applied separately: those under two years old shall be directly raised by the mother as the principle, and those who have reached the age of eight shall respect their true wishes. Third, if the wishes of the two children are inconsistent, it is not appropriate to simply deal with the minority subordinate to the majority, but to judge separately in combination with their daily care relationship, and to evaluate the impact of separate upbringing on the siblings.

2. items 4 to 6: alimony hedging and differential replenishment

maintenance is the most miscalculated part of a multi-child scheme, especially if one person carries one.

Items 4 to 5: Proportion caps and hedging algorithms

fourth, for those who bear more than two child support, the proportion may be appropriately increased on the basis of the total monthly income of 20% to 30%, but generally not more than 50%. Fifth, if one person raises one, the two parties are obliged to pay each other, and in practice they are usually hedged according to the amount payable by each, with the higher party paying the difference, rather than each paying each other and then transferring it to each other.

Item 6: Separate apportionment of large expenditures

sixth, the tuition fees, school selection fees, and large medical expenses for the two children should be listed separately, and the agreement should be shared proportionally and the voucher submission and settlement cycle should be clarified. An agreement that only writes a total monthly payment without distinguishing between two children and dealing with large expenses will almost inevitably lead to new disputes in the event of further education or illness.

3. Items 7 to 9: Landing Details of Visiting Arrangements

after being raised separately, the value of the visitation clause lies not only in the parents seeing their children, but also in maintaining the bond between siblings.

Items 7 to 8: frequency period and handover mode

the seventh item is to specify the frequency, duration and starting and ending time of visits, such as the fixed number of weeks per month, the specific days of winter and summer vacations, and the rotation arrangement of important festivals, so as to avoid the use of vague expressions such as timely visits. Item 8: Write down the handover place and the handover person, agree on the advance notice period and alternative plan for temporary adjustment, and reduce on-the-spot disputes during each handover.

Item 9: Separate provisions for brotherhood

in item 9, if the two children are raised separately, it is recommended to separately agree on arrangements for siblings to meet, including fixed time for common activities, number of days to live together during holidays and frequency of daily video contact. This is often overlooked, but it is the most direct part of the separate parenting program that affects the child.

Item 10 of the 4.: Student Status, Household Registration and Decision-making Power on Major Matters

the tenth item covers the rights that both parents still need to exercise jointly after divorce and is a permanent arrangement.

Specific arrangements for household registration and student status

the location of each child's household registration, whether it is necessary to move and the time and obligation to cooperate; The school where the student is registered, the consultation mechanism for transferring and the obligation to cooperate with the formalities. Involving account migration, need to move to meet the conditions of settlement, the agreement should specify the period of cooperation to provide materials.

Change of surname and joint decision on important matters

both parents shall remain the guardians of their children, and one of them may not change the name of their children without authorization. It is recommended to clearly agree that matters such as name change, outbound travel or study abroad, major non-emergency medical decisions, and choice of school must be agreed in writing by both parties, and agree on the handling method when the negotiation fails.

5. Item 11: Scheme Change and Adjustment after Remarriage

the eleventh item is future-oriented and considers that the programme is still implementable after a number of years.

Common reasons for changing dependency relationships

if one of the directly raising parties suffers from serious illness or is unable to continue to raise due to disability, fails to fulfill the duty of raising or has maltreatment, the children who have reached the age of eight are willing to live with the other party and the other party has the ability to raise, and there are other justifiable reasons that need to be changed, they may agree to change or sue for change.

Effects of remarriage and relocation

the remarriage of one party does not constitute a natural reason for changing the dependency relationship, but if the stepparent relationship significantly affects the quality of life of the children, it may be a consideration. If you plan to move to another place or leave the country for a long time, it is recommended to agree in advance on the corresponding adjustment mechanism for the notification obligation and the visitation plan to avoid passive response after a fait accompli.

Item 12 of the 6.: Key points of self-examination of the text of the agreement

item 12 is the closing link. Put the first 11 items on the text and check whether they are enforceable one by one.

Five locations that must be checked one by one

one is whether the information of the two children is listed separately to avoid using children collectively. The second is whether each money payment specifies the amount, time, account and adjustment mechanism; The third is whether each act obligation specifies the time limit for performance and the consequences of non-performance. The fourth is whether the terms involving real estate and vehicles specify the location or brand number and handling period. Five is whether there is an invalid statement that conflicts with legal obligations.

Two types of provisions that should not be included

one is to link alimony payment with visitation rights. For example, it is agreed that children cannot be seen without payment. Such clauses are not supported and may affect the normal progress of visitation. The second is to agree that one party will permanently give up alimony or give up the right to change the dependency relationship. Such agreements cannot resist reasonable demands made by children when necessary.

7. case proof

according to the rules of the same kind of adjudication, the parties have two children and both claim to be maintained. The court found that the two children were of similar age, lived together for a long time and had a high degree of interdependence. It believed that separate upbringing was not conducive to their physical and mental health. After comparing the traces of daily care and the stability of the living environment of both parties, the two children were sentenced to be directly raised by one party who actually undertook the care, and the other party paid the maintenance fee on a monthly basis, and made specific arrangements for the frequency, duration and handover method of visits. In similar cases, the amount of division or compensation is usually in the range of $100000 to $3 million, depending on the size of the property and the circumstances of the evidence.

According to the rules of the same kind of judgment, both parties have the conditions for raising a child and each requires to raise a child. The court determines that one person directly raises a child in combination with the wishes of the children and the existing living conditions. On the issue of alimony, taking into account the mutual obligation to pay each other, the two parties are hedged according to the proportion corresponding to their respective monthly total income, and the higher party pays the difference; at the same time, clear provisions are made for the regular meeting arrangements of the two children in order to maintain normal exchanges between siblings. In similar cases, the amount of division or compensation is usually in the range of $100000 to $3 million, depending on the size of the property and the circumstances of the evidence.

8. Risk Alert

  • the agreement uses the children's collective name and does not specify the arrangement of the two children separately, and disputes arise between the applicable objects at the time of performance.
  • One person with one but each agreed to pay without hedging, the actual operation of the two sides defaulted on each other, only to increase the cost of execution.
  • The visiting clause is written as a timely visit or a negotiated visit, lacking an enforceable time and place, and the content of the performance cannot be determined when applying for enforcement.
  • There is no agreement on the arrangement for brothers and sisters to get together. After being raised separately, the hand-to-hand contact is gradually interrupted, which is difficult to remedy in the future.
  • Linking alimony to visitation rights, the terms are not supported and could trigger a new confrontation.
  • No joint decision mechanism has been agreed on major matters such as name change, exit, school choice, etc., and one party passively defended its rights after handling it without authorization.

9. FAQ

two children divorce must be one person?

Not necessarily. If both parties have the conditions for support and each requires to support one, they can be dealt with according to the wishes of both parties and the rights and interests of their children, but this is only one of the options. If two children live together for a long time and are highly dependent on each other, separate upbringing may be considered to be detrimental to physical and mental health, and the court may also award the two children to the same party.

One person with one, do you still have to pay alimony?

The parties are mutually obligated to pay each other, and in practice they are usually hedged against their respective amounts payable, with the higher party paying the difference. For those who bear more than two child support expenses, the proportion may be appropriately increased on the basis of the total monthly income of 20% to 30%, but generally it shall not exceed 50%.

Can the other party change the child's surname without permission?

You can't. After divorce, both parents shall still be the guardians of the children, and one party shall not change the name of the children without authorization. It is recommended to clearly stipulate in the agreement that major matters such as name change, exit, school selection, etc. must be agreed in writing by both parties, and the handling method when the negotiation fails.

How do siblings keep in touch when children are raised separately?

It is recommended to set up a separate sibling clause in the agreement, agreeing on a fixed time for common activities, the number of days of common residence during holidays and the frequency of daily video contact. This article is independent of the parents' respective visiting arrangements. It is the easiest to be missed in practice, but it has the most direct impact on children.

Practical Experience of 10. Lawyers

the plan for two children is more complicated than that for one child. The key difference lies in the structure: one person with one, or both with one party. It is not a fixed rule for one person to bring one, it is only an option; if two children live together for a long time and are highly dependent on each other, hard disassembly may be considered to be detrimental to the child. Age differences should also be dealt with separately. The rules are not the same for the young and those who have been able to express their true wishes. If the wishes of the two children are inconsistent, the minority cannot simply obey the majority, but should be judged by who will take care of them on a daily basis. So the first step is to figure out which structure you want before talking about the other terms.

Maintenance payments are easily miscalculated in such cases. In the case of one person with one, both parties are obliged to pay each other. In practice, the amount payable by each party is usually hedged, and the party that should pay more will make up the difference, instead of paying each party and transferring money to each other. Many agreements do not clearly state this point, and later quarrel about who owes whom. For those who bear more than two children, the proportion of payment can be appropriately increased on the basis of 20% to 30%, but generally not more than 50%. What is more important is to separate tuition fees, school selection fees and large medical expenses, agree on what proportion to share, how to submit credentials, how often to settle accounts, and only write an agreement to pay the total amount in one month. Once you enter a higher school or get sick, new disputes will almost inevitably arise.

The value of the visitation clause, which is particularly great when two child-rearing schemes are separated, is not only a way for parents to see their children, but also a way to maintain the bond between siblings. Therefore, instead of writing vague expressions such as timely visits, write down the frequency, duration, starting and ending time points, summer and winter vacations and holidays in turn, and agree on the handover place, handover person and how to notify temporary changes in advance. Student status and registered permanent residence, decision-making power on major matters, and how to adjust the plan as the situation changes, it is also recommended to write it into the agreement together, and read through the self-examination to see if each article is clear and can be implemented. Don't sign it until you find that it is all Some principled clauses.

The difficulty in the upbringing arrangement of the two children lies not in who loves the children more, but in whether the plan can run for a long time. The 12 items should be landed one by one: the attribution arrangement should be combined with the age rule and the degree of sibling dependence, the maintenance fee should pay attention to the upper limit of the proportion of multiple children and the hedging algorithm, the visiting terms must be specific to the frequency, duration, handover place and separate sibling arrangement, the joint decision mechanism should be specified for major matters such as student status and surname change, exit, school choice, etc., and the adjustment channel for change and relocation should be reserved. Before signing, check one by one according to the main points of self-examination, and write every money payment and behavior obligation to the extent that you can directly apply for execution, so as to really reduce the consumption of repeated negotiations in the future.