1. One party refuses to pay child support on the grounds that he has no job. The second paragraph of Article 36 of China's Marriage Law clearly stipulates: "After divorce, parents still have the right and obligation to raise and educate their children." Article 37 also stipulates that "one party shall raise the children, and the other party shall bear part or all of the necessary living and educational expenses". It can be seen that raising children is the legal obligation of parents. As long as parents have the ability to work, they should raise their children through labor income, and they can't escape the legal obligation of raising children by not having a job. 2. If one party refuses to visit the children, the other party refuses to pay child support. According to Article 38 of China's Marriage Law, "after divorce, the party who does not directly raise the children has the right to visit the children, and the other party has the obligation to help." However, alimony disputes and visitation rights disputes are two legal relationships. 3. At the time of divorce, one party voluntarily raises children and gives up the other party to pay child support. There are two legal relationships between husband and wife: property division and maintenance obligation. Article 8 of the Supreme People's Court's "Several Specific Opinions on Handling Child Support in the Trial of Divorce Cases" stipulates: "Maintenance fees shall be paid regularly, and can be paid in one lump sum if conditions permit." At the time of divorce, both parties can negotiate to offset alimony with property, that is, after the two parties divide the same property, the party who does not directly raise the children will pay its share of property as alimony in one lump sum. Because the alimony problem in the divorce agreement has been solved together with the property problem. When raising a child and suing the other party for paying alimony, it should be considered as appropriate. 4. The amount of child support should be calculated according to the normal expenses of children. According to the first paragraph of Article 7 of "Several Specific Opinions on Handling Child Support in the Trial of Divorce Cases", "the amount of child support can be determined according to the actual needs of children, the affordability of both parents and the actual living standards in the local area." Children's living standards and educational conditions should be limited to meeting their actual needs and meeting the existing economic conditions of both parties. Now that children go to private schools, the cost of study and living has greatly increased, which exceeds the affordability of parents. Therefore, the court does not judge the actual cost of children in private schools, but decides according to the normal cost of children attending primary schools and the affordability of parents. 5. Maintenance costs are not just living expenses. According to Article 21 of the Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China, "alimony includes children's living expenses, education expenses, medical expenses, etc." If the child has incurred a large amount of medical expenses, the alimony paid at ordinary times is far from enough to cover the medical expenses, and he can also sue separately and ask the other party to bear half of the medical expenses. The author agrees with the second point of view for the following reasons: First, when divorcing, husband and wife and property are generally divided, but when divorcing, they are not divided, or when they go back on their word after division, or when they can divide husband and wife and property again, property disputes will occur after divorce. Registered divorce has the same legal effect as litigation divorce in divorce content, but the division of property only reflects the will of the parties, and the marriage registration authority does not conduct review or only conducts formal review. If the content of property division is not recognized by the state's public rights, and the parties raise objections or even repent afterwards, they still enjoy the right of appeal. For the property not handled in the divorce agreement, the parties may bring a lawsuit to the court. After the divorce proceedings, if the parties have disputes over the property within their jurisdiction, they have no right to appeal to safeguard the seriousness of the effective judgment. That is to say, if the property has been disposed of in the legal documents (judgment, mediation, ruling) that come into effect in the court, the parties may not file a lawsuit for re-division with the court. For the property neglected in the divorce proceedings, or for some reason, the property that has been omitted from trial or judgment, a lawsuit can be filed again. Two, unjust enrichment refers to the interests that have no legal basis, or lose the legal basis afterwards and make others suffer losses. Those who gain benefits are called beneficiaries, and those who suffer losses are called victims. So there is a debt relationship between the beneficiary and the victim. The beneficiary is the debtor and the victim is the creditor. Third, for the problem of exceeding the limitation of action. Limitation of action refers to the system that the obligee whose civil rights have been infringed fails to exercise his rights during the statutory limitation of action, and the people's court no longer protects his rights when the limitation of action expires. The general limitation period is 2 years. The starting point of the limitation of action, that is, the starting point of the limitation of action, starts from the date when the obligee knows or should know that his rights have been infringed, that is, from the date when the obligee can exercise his right of claim. In the process of divorce by agreement, we often see such an agreement. Because one party takes care of the children, the one who doesn't take care of the children gives up part of the marital property division and leaves most of the property to the one who takes care of the children. In the column of marital property division, it is also clear which property belongs to the woman and which property belongs to the man, but it is not specified that the property is used to deduct child support. What needs to be clear is that husband and wife are two different legal relationships: property division and child support. Although one party has made concessions on the division of property because the other party is raising children, if there is no clear agreement in the divorce agreement, it cannot alleviate the responsibility of the other party to raise children. Therefore, when drafting a divorce agreement, it is best for both parties to express themselves completely and comprehensively. If one party makes concessions to the division of property because of considering the children's problems, the party who does not directly raise the children has the right to use this as a defense for not paying or paying less child support in the future. Otherwise, because paying child support is the legal obligation of parents, giving up property division cannot be used as a reason for not paying child support. If the other party files a lawsuit to pay child support afterwards, the court will still decide that the party who gives up the division of property shall bear the obligation to pay child support. You can use the following services for questions about finding the law network: ask questions to TA.