Legal Advice: How to Secure Child Support in One Lump Sum!

Successful Case
Recently, Attorney Abby represented a Filipino woman who had a child with a Chinese man without being married. The child is now 8 years old, and the father has never paid child support. As the child enters primary school, the related expenses gradually increase, and the client wants to receive financial support from the child’s father while raising the child.

Because this was an international marriage case, with one party in the Philippines and the other in China, to save on legal costs and maximize the woman’s rights, we requested the court to order a one-time payment of child support until the child reaches 18 years of age. Eventually, with the court’s coordination, both parties agreed on an amount that they deemed appropriate. This resolved the child support dispute in one go.

Usually, Chinese courts order one party to pay child support on a monthly basis. However, often after paying for a few months, the paying party may suspend or delay payments for various reasons, leading to a long and arduous process of seeking child support through enforcement agencies, wasting time and causing emotional distress.

Is there any way to get the other party to pay the child support in one lump sum？

You can apply to the court to request one-time payment of child support in the following circumstances:

1.Involvement of a significant amount of marital property division
When both parties are divorcing and there is a large amount of property to be divided, the issue of child support is typically considered during property division. Child support can be deducted directly from the property division, with monthly payments calculated until the child turns 18 years old.
2.The other party engages in drug use, gambling, or other illegal activities that may lead to future financial recklessness or significant debts
If one party has destructive habits like drug use or gambling, and there is a concern that future child support payments may not be made due to financial mismanagement, you can apply to the court to request a one-time payment of child support.
3.The paying party is involved in criminal cases, is a fugitive, or has restricted personal freedom:
Child support payments are typically made monthly or annually. However, if the paying party is involved in criminal cases, becomes a fugitive, or has their personal freedom restricted, the conditions for the original method of child support may no longer exist. In such cases, you can sue and request a change to a one-time payment.
4.The paying party is a foreign national or may have immigration-related issues
Considering the potential difficulties in enforcement in the future, especially if the paying party is a foreign national, it may be advisable to seek a one-time payment of child support.
5.Both parties reach a mutual agreement, and the paying party is willing to make a one-time payment
If both parties mutually agree and voluntarily decide on a one-time payment of child support, the law generally does not interfere, and such agreements are typically allowed. If the paying party reneges on the agreement after it has been made, the agreement remains valid.

 
Contact Attorney Abby for a smooth divorce process.

Phone: +86 17688716230
Email: abbylawyerchina@gmail.com