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Analysis On The Construction Of Support Trust

Posted on:2023-11-22Degree:MasterType:Thesis
Country:ChinaCandidate:F Q YuanFull Text:PDF
GTID:2556306797985729Subject:legal
Abstract/Summary:PDF Full Text Request
The high divorce rate in our country has become the norm and it has been increasing year by year,followed by an increasing number of custody disputes,and the difficulty in fulfilling maintenance payments has always been a problem faced by the judiciary,with frequent arrears and non-payment.The payment of child support is not only the continuous supply of the supporter to the living expenses of the dependant,but also reflects the care of their emotions.In the current situation that child support is difficult to fully fulfill,it has caused many social problems,and the existing state relief measures cannot fully guarantee that the dependants receive sufficient living and emotional care.Therefore,based on the protection of minors,judicial adjudication cannot be the only solution,and it is imminent to innovate the way to perform alimony.Various places are actively exploring new paths for the fulfillment of child support payments.As a partial pilot,the child support deposit system provides a new perspective for the prepayment of child support.However,the innovation is endless.In order to strengthen the enforceability of child support performance,the child support trust system can be piloted in some regions,and the existing system can be used to manage multiple Together,we will ease the difficulty of fulfilling alimony in our country.A custody trust is a system in which a judge can decide to entrust the maintenance fee to a specific subject in the form of a trust and distribute it in batches when the judge finds that the interests of the minor may be damaged in the trial of a family case in the United States.After a support trust is established,minors can not only receive continuous and stable support payments,but also receive emotional care and care from the trustee.Some data show that the implementation of the American custody trust system has successfully increased the implementation rate of maintenance payments in the United States.The establishment of a custody trust can not only better protect the legitimate rights and interests of minors in multiple ways and in all directions,but also reduce the frequency of the dependents applying to the court for enforcement and provide the dependents with continuous emotional care.The development of support trust in my country has a basis for its implementation in terms of theory,legislation,judiciary,and professionals.Therefore,the custody trust system can be matched with the existing judicial enforcement mode,with the court as the client,and when one of the supporters defaults,refuses to pay maintenance or other circumstances that affect subsequent performance,the two parties can reach an agreement or the court A qualified trustee shall be selected in a designated manner and the corresponding trust property shall be determined,and the trustee shall regularly pay maintenance fees to the dependents.During this period,the trustee should not only fulfill the obligation of maintaining the maintenance of the maintenance payment,but also need to continue to care emotionally and take care of the life and studies of the dependant.After the custody trust is terminated,the remaining trust property should also be returned to the supporter in full.
Keywords/Search Tags:Support Payment, Protection of Minors, Support Trust, Settler, Trust Property
PDF Full Text Request
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