| Summary: | 碩士 === 東吳大學 === 法律學系 === 106 === This article contains six chapters. The subjects about this paper are alimony, living expenses of the household, and determination of maintenance. Chapter I focus on the motive and objective of study, research methods, the proposition of the scope, the issues concerned and the overview of this paper. In this chapter, the reason for research, the research boundaries, central values of the paper and the objective intends to be accomplished will be presented. With the analysis of the theories of substantive law, Chapter II, III and IV, focus on the alimony, living Expenses of the Household and determination of Maintenance. The procedural law issues are discussed in Chapter V.
And Chapter VI is conclusion.
According to legislative background and the law provisions of the alimony, living expenses of the household, and determination of maintenance, relevant disputes are discussed in Chapters II, III, and IV. In Chapter II, what elements does the court use to determine the amount of maintenance will be observed and analyzed from the theoretical and practical perspectives. In this chapter, the concept of parents and children will be addressed in order to differentiate this concept from financial support obligation. It also examines the right of the “minor children to claim financial support from the parents” and the sources of it. In practice, it is common to decide the maintenance of minor children by mutual agreement of divorce, it would be necessary to discuss whether the maintenance of minor children is a joint-obligation and the effect of the agreement to minor children.
Chapter III will focus on these issues: Living expenses of the household and determination of maintenance, which will be applied first? What elements does the court use to determine the amount of living expenses of the household? In Chapter IV, the element of alimony will be analyzed and proposed recommendation. This chapter also observe that what elements does the court use to determine the amount of alimony.
Alimony, living expenses of the household and determination of maintenance are defined as the non-contentious family cases by Family Proceeding Act. Chapter V will focus on Proceedings in alimony, living expenses of the household, and determination of maintenance. First of all, this chapter will introduce how the Family Proceedings Act is applied in alimony, living expenses of the household, and determination of maintenance. Furthermore, an analysis of what procedure does the court adopt in alimony, living expenses of the household, and determination of maintenance. Finally, this paper presents
a conclusion of this study.
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