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it is the legal obligation of parents to raise minor children. however, if a high amount of child support is transferred to the ex-wife without the consent of the current wife, can the current wife request the ex-wife to return it as "community property"?

wang qiang and liu fei were once married and had a daughter. in january 2011, wang qiang and liu fei were divorced by a court ruling. their legitimate daughter wang xiaoni lived with liu fei. the two parties agreed that wang qiang would pay a monthly alimony of 500 yuan until wang xiaoni reached the age of 18. in addition, wang xiaoni’s education expenses , medical expenses and other expenses are shared between the two. on august 29, 2020, wang qiang and liu fei signed a "supplementary agreement" on wang xiaoni's alimony, stipulating that wang xiaoni's monthly alimony would be increased from the original 500 yuan to 2,500 yuan. the part that should be borne by other types of expenses, including nanny fees, medical expenses, day care fees, interest class fees, tuition fees, etc., averages about 50,000 yuan per year.

on january 7, 2020, wang qiang and zhao jingjing confirmed their relationship, and on march 5, 2021, they started a family. after the marriage, zhao jingjing discovered that wang qiang continued to transfer large amounts of money to his ex-wife liu fei without her consent, including a transfer of 231,200 yuan from january 7, 2020 to march 4, 2021 during their relationship. , another transfer of 721,700 yuan was made from the marriage to april 18, 2023 (the above expenses do not include transfers below 500 yuan).

zhao jingjing believes that the disposal of the joint property of husband and wife requires joint discussion and decision-making by the husband and wife. since they met, wang qiang has had no fixed income. his behavior with his ex-wife is malicious collusion and violates public order and good customs. these transfers damage his legal rights and interests in property. therefore, zhao jingjing sued her ex-wife liu fei to the people’s court of qixing district, guilin city, guangxi zhuang autonomous region, demanding that she return the property acquired from wang qiang from january 7, 2020 to april 18, 2023 and pay interest.

liu fei argued that 140,000 yuan of the transfer she received was a loan repaid on behalf of wang qiang, and the rest was paid by wang qiang to fulfill his legal support obligations. she took over the management on behalf of her daughter and did not profit from it.

wang qiang argued that he hoped to pay as much support as possible to give his daughter better learning and living conditions if he could.

after trial, the court held that zhao jingjing’s claim was mainly divided into two parts:

regarding wang qiang’s transfer of money to his ex-wife liu fei during their relationship with zhao jingjing.

zhao jingjing and wang qiang are not husband and wife. the money transferred by zhao jingjing to wang qiang through wechat has been converted into wang qiang's personal property. therefore, wang qiang's transfer of money to his ex-wife liu fei is wang qiang's own disposal of his own property, and zhao jingjing has no right to interfere. at the same time, zhao jingjing failed to provide evidence to prove that the "supplementary agreement" signed by wang qiang and liu fei during this period was formed by malicious collusion. the agreement did not violate the prohibitive provisions of laws and administrative regulations and was legal and valid. therefore, liu fei does not need to return the 231,200 yuan transfer received from wang qiang during that period to zhao jingjing.

regarding wang qiang’s transfer of money to his ex-wife liu fei during their marriage to zhao jingjing.

according to the law, the relationship between parents and children does not disappear due to the divorce of the parents. after the divorce, the parents still have the rights and obligations to raise and educate their children. at the same time, it is stipulated that husband and wife have equal ownership of joint property. in this case, although wang qiang divorced liu fei, wang qiang has legal custody obligations to wang xiaoni. wang qiang and zhao jingjing are currently in a marriage relationship. both parties enjoy equal rights and bear equal obligations. therefore, wang qiang can use the joint property of the couple to pay the maintenance of his daughter.

husband and wife have equal rights to dispose of common property, and neither party may dispose of common property beyond the needs of daily life. wang qiang voluntarily increased the amount of alimony, but without the consent of his current wife zhao jingjing, he transferred 721,700 yuan to his ex-wife liu fei. even though the amount was alimony for his daughter, the amount far exceeded the local alimony standard. liu fei's act of collecting the excess amount violated zhao jingjing's legitimate rights and interests and constituted unjust enrichment. zhao jingjing has the right to claim return.

in view of the fact that wang xiaoni was in the compulsory education stage during this period, and based on the income of liu fei and wang qiang and the actual living standards in guilin, the court determined that wang qiang should pay 1,100 yuan/month for his daughter’s living expenses and 100 yuan for education using the couple’s common property. /moon. in addition, liu fei did not provide evidence to prove the medical expenses incurred by her daughter wang xiaoni during this period. therefore, from march 2021 to april 2023, wang qiang should pay alimony of 31,200 yuan (1,200 yuan/month × 26 months). rmb 690,500 should be returned and interest paid.

in addition, liu fei's argument that 140,000 yuan was used to help wang qiang repay others was not accepted by the court because there were no relevant creditors to testify in court and the authenticity of the loan could not be verified.

the qixing district court made a first-instance judgment: defendant liu fei returned 690,500 yuan and paid interest to plaintiff zhao jingjing, and the plaintiff’s other claims were not supported.

defendant liu fei was dissatisfied with the first-instance judgment, appealed to the second-instance court, and applied for the above-mentioned creditor to repay 140,000 yuan to appear in court to testify. after review, the court of second instance found that liu fei repaid wang qiang's personal debt of 140,000 yuan, which was deducted from the total amount liu fei received. therefore, it changed the sentence to liu fei returning 550,500 yuan to zhao jingjing and paying interest.

(the names in the article are all pseudonyms)

author | rule of law daily all-media reporter wu liangyi correspondent qin yan li qi li li