In a divorce dispute in Xiamen, the court ruled to grant the divorce, awarded child custody to the mother, and ordered the father to pay child support.

Case Summary

Plaintiff Lin (female) and defendant Wang (male) registered their marriage on 2015/10/10 and had a daughter, Wang Moutong, born on 2018/5/20. After the marriage, conflicts arose due to incompatibility and daily trivialities. Starting from 2022/3, the couple began living apart. During the separation, the daughter has resided with plaintiff Lin, who has been responsible for her daily care and education. In 2024/4, plaintiff Lin filed a lawsuit requesting divorce from defendant Wang, custody of the daughter, child support of 8000 yuan per month from the defendant, and equitable division of marital property.

Key Dispute

1.Has the marital relationship between the plaintiff and the defendant indeed broken down?

2.To whom should custody of the child born in wedlock be awarded, and is the standard for child support payments reasonable?

3.Scope and Division Methods of Marital Joint Property

Case Strategy

1.固定结婚证、出生医学证明、分居证明、子女日常照顾记录、双方收入证明、夫妻共同财产证据等核心证据

2.Submit evidence that the plaintiff and defendant have been separated due to irreconcilable differences for 2 years, meeting the statutory grounds for divorce under the Civil Code; marital relationship has indeed broken down.

3.Submit evidence proving that the daughter has lived with the plaintiff, who has cared for her daily needs and education. Given the plaintiff's superior caregiving conditions and capabilities, and in accordance with the principle of acting in the best interests of the minor child, custody should be awarded to the plaintiff.

4.Calculate the defendant's monthly income and, considering Xiamen's cost of living and the children's actual needs, request that the defendant pay child support of 8000 yuan per month in accordance with the law.

5.Determine the scope of joint marital property and divide it in accordance with the law.

Processing Result

The court rules that the plaintiff Lin and defendant Wang are granted a divorce. Their daughter, Wang Tong, shall be raised by the plaintiff Lin, with the defendant Wang paying child support of 8000 yuan per month until the child turns 18. The couple's joint property shall be divided in accordance with the law: the residential property located in Siming District, Xiamen City, is awarded to the plaintiff Lin, who shall pay the defendant a house offset amount of 120 ten thousand yuan; other joint assets, including bank deposits and vehicles, shall be divided as prescribed by law. The defendant shall bear all litigation costs for this case.

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