Can’t see the kids without paying child support?Court: No!
More court information, case filing procedures please pay attention to!Ms Su and Mr Zheng were married in April 2021.The two parties divorced through court mediation in April 2021. Mr. Zheng took direct custody of the two minor children, and Ms. Su should pay a monthly maintenance fee of 1,600 yuan.In October 2021, Ms. Su filed a lawsuit against Mr. Zheng for obstructing her visit to their second child and requested that the second son be directly raised by Ms. Su.After Mr. Zheng divorced, the two children lived with me, because the child’s mother did not pay maintenance, I did not cooperate with her to exercise the right to visit.The mother’s request to change the custody of her second son is not conducive to the healthy growth of the child, but also against the seriousness of the law.After the trial, the court held that the parents have the obligation to support their children, and Ms. Su and Mr. Zheng made an agreement on the maintenance fee at the time of divorce, and Ms. Su should pay the maintenance fee to Mr. Zheng on time and in full according to the agreement.Ms. Su, as the one who does not live with her children, visits her children regularly or irregularly, which can make up for the absence of accompanying her children during the non-visit period, promote family communication and benefit their physical and mental health.Instead of obstructing Ms Su’s right to visit, Mr Zheng can seek recourse in other ways when she fails to pay the maintenance.After mediation, both parties agreed that Mr. Zheng would take care of the second child directly, and Ms. Su would visit the second child every Saturday and pay the child maintenance fee in full and on time as agreed.At the same time, the judge criticized the education of the two people, both sides guarantee that the future will be strictly in accordance with the agreement.After divorce, there are often disputes between the two parties over the payment of alimony and the right to visit their children.One side said, let the child care first to pay child support.The other side says they won’t let you watch the kids until they pay child support first.It is illegal for both parties to threaten each other with visits and child support.1. Non-payment of maintenance by the other party does not constitute a reason to prevent the exercise of visitation right. Visitation right is a kind of identity right arising from the divorce of husband and wife, and it is an independent civil right.After divorce, the parent who does not directly rear the child shall have the right to contact, meet, communicate with and live together with the minor child for a short period of time.There is only one reason for the suspension of the right of visitation: the visit of the father or the mother to the child is detrimental to the physical and mental health of the child.Therefore, the exercise of visitation right is the right of the indirect supporter, which cannot be easily deprived without legal reasons.The direct dependant shall have the obligation to assist in this matter and shall not use any means to obstruct it.If the other party does not pay the maintenance, the direct foster may seek recourse in another way, but cannot therefore deny the other party access to the child.2 The infringement of the right to visit cannot be the reason for the delinquency of the maintenance fee. The parents have the right and obligation to bring up, educate and protect their children, which is a legal obligation based on the direct provisions of the law and will not change with the change of the marital status between the husband and wife.Under normal circumstances, during the duration of the marital relationship between the husband and wife, the upbringing of their children is carried out jointly by the husband and wife.After divorce, one of the parents bears the responsibility for the direct upbringing, education and protection of the children, while the other parent’s responsibility for the upbringing of the children is mostly directly reflected in the payment of maintenance fees.The payment of alimony is related to whether the indirect supporter has fulfilled the duty of raising the child, and it is also of great significance to guarantee the healthy growth of the minor child or the right of survival of the child who cannot live independently.Therefore, the indirect dependant cannot refuse to pay the maintenance fee on the grounds that the right of visitation is violated, but can Sue to realize the right of visitation.In addition, once the custody is determined at the time of divorce, if there is no special circumstances, the request to change the custody will not be supported by the court.The so-called special circumstances mainly refer to the following: first, both parties negotiate changes by themselves;2 it is to raise a child one party has the behavior that is adverse to the child’s growth, the behavior that violates the child’s legitimate rights and interests seriously, the other party can advocate to change the right of custody;3 it is because of other reason, the child lives with former direct raise a person to grow really adverse to the child, the other party advocates change.In this case, after the divorce mediated by the court, the conflict between the two parties due to the maintenance and visitation rights does not belong to the “special circumstances” that should change the custody rights.Source: Deokhwa Court