Full -time mother took the baby to divorce 100,000 in 10 years!It's not as good as a nanny ...

Author:Hangzhou Traffic Economic Broa Time:2022.09.27

Today, a topic on Weibo searches has caused heated discussion among netizens -#今天今天今天今天今天今天今天今天今天今天今天今天今天今天今天#.

On September 26, the official of the Jinjiang Court of Fujian issued a case. A couple married in 2012 and gave birth to a daughter and a son. After the man sued the divorce twice, he was allowed to divorce in 2021. The woman basically brought her baby at home from 2011 to 2021.

The court held that during the duration of the marriage relationship, the woman took care of the family throughout the job, raised her children, and had more obligations in housework, causing losses to personal development opportunities to a certain extent. Comprehensive consideration of the average living standards of the region from 2011 to 2021, combined with the actual economic situation of the man and the women's work for family labor, the man was judged to pay the woman's divorce economy compensation of 100,000 yuan.

In the comment area, many netizens said that such compensation is not reasonable enough. Full -time mothers have been at home for ten years, which is about to abandon personal development and income, even if it is calculated by the salary of nanny.

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In the past two years, similar news cases often appear in the public vision. In 2021, the divorce case also caused heated discussion among netizens. Mr. Chen met and fell in love in 2010, married in 2015, and had a son. After the marriage, Ms. Wang became a full -time mother and was responsible for taking care of her children and cooking housework. Mr. Chen had almost no matter what the house was at home. In 2020, Mr. Chen sued the divorce, and Ms. Wang asked Mr. Chen to pay her housework compensation for 5 years. In the end, the court ruled that Mr. Chen paid Ms. Wang's housework for 50,000 yuan.

In 2021, in Taizhou, Zhejiang, the husband and wife had conflicts with family chores three years after marriage and divorced. The woman was required to compensate 190,000 yuan because of her responsibility for taking care of their children and cooking housework in the marriage. Finally, the result of the court's decision was that the man needed to compensate the woman of 15,000 yuan.

So, how is the compensation amount in the above case determined? Is "housework compensation" reasonable?

From the perspective of legal terms, according to Article 1088 of the "People's Republic of China", if one of the couple has more obligations for breeding children, taking care of the elderly, and assisting the other party's work. One party should give compensation. The specific measures shall be approved by both parties; if the agreement does not, the people's court will be judged.

In the trial, the court believed that the determination of the amount of children's childcare costs should be based on the actual needs of the children's normal life to maintain the normal needs of their clothes, food, housing, traveling, learning, and medicine. Considering factors such as income, expenses, existing living burdens, possibility of fulfilling obligations and social status.

The determination of the economic value of housework and labor should be combined with the following factors:

1. Disposal time of marriage relationship: The longer the marriage relationship, the longer the amount of economic compensation can be increased accordingly.

2. Time and intensity of investing in housework: refer to the cost required for buying similar workload housework from the market.

3. Negative impact of housework: If you lose your job, you can refer to the income of the original work.

4. Family income: From this, you can refer to the objective income of assistance to the other party for the other party.

Therefore, in the case where the woman claimed 190,000 above, the court believed that the woman asked the man to pay the son's support fee in accordance with the standard of 2,000 yuan per month, and the request of compensation for a total of 190,000 yuan from the standard of 5,000 yuan per month from the marriage of both parties was high. Adjust them according to law, and decide that the child's support for the child each year is appropriate, and compensate the woman for 15,000 yuan.

At the same time, some netizens added that the "housework compensation" judged by the court is based on the equal division of common property, and one party will give the other additional compensation, instead of only getting so much money. Nevertheless, many netizens believe that for full -time mothers, not only time, energy and material are paid in marriage, but more of emotions and respects that cannot be measured by money.

Perhaps for full -time mothers, the most important thing is not how much compensation can be received at the end of the marriage, but on the way of this full -time mother, her hard work can be seen, understood, respected, and can be taken care of.Source: Hangzhou Daily Newspaper Group-19th Floor (ID: My19Lou) Integrated from Sina Entertainment

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