CASE LAW NO. 62/2023/AL Regarding the commencement of child support obligations for minors in paternity dispute cases

CASE LAW NO. 62/2023/AL

Regarding the commencement of child support obligations for minors in paternity dispute cases

Approved by the Judicial Council of the Supreme People’s Court on February 1^st, 2^nd, and 3^rd, 2023, and published according to Decision No. 39/QĐ-CA dated February 24^th, 2023, by the Chief Justice of the Supreme People’s Court.

Source of the Case Law:

Appellate Judgment No. 07/2018/HN-PT dated March 22^nd, 2018, of the Binh Phuoc Provincial People’s Court in the family and marriage case “Determining Paternity, Child Support” between the plaintiff, Ms. Le Thi D, and the defendant, Mr. Trinh Vinh C.

Location of the Case Law’s content:

Paragraph 4 of the “Court’s Opinion” section.

Summary of the Case Law:

– Case Background:

After the child was born, the mother filed a lawsuit requesting the court to determine that the defendant is the biological father of the child and to order the defendant to fulfill the child support obligations for the minor. The court determined the defendant to be the biological father and imposed the child support obligations.

– Legal Resolution:

In this case, the court must determine that the duration of the child support obligation for the minor is calculated from the date of the child’s birth.

Relevant Legal Provisions:

Clause 24 of Article 3, Articles 107 and 110 of the 2014 Law on Marriage and Family.

Keywords:

“Determining Paternity”; “Child Support for Minors”; “Commencement of Child Support Obligation”.

CASE DETAILS:

* Plaintiff Ms. Le Thi D’s Statement:

Ms. Le Thi D and Mr. Trinh Vinh C cohabited voluntarily since 2013, conducted a customary wedding ceremony, but did not register their marriage. Due to irreconcilable differences, they requested the court’s intervention. In Judgment No. 13/2017/HNGĐ-ST dated March 31^st, 2017, the People’s Court of Loc Ninh District, Binh Phuoc Province, declared that Ms. Le Thi D and Mr. Trinh Vinh C were not legally recognized as husband and wife.

During their cohabitation, Ms. D and Mr. C had a child together, Le Gia P, born on January 12^th, 2014. Since birth, Le Gia P has been raised by Ms. D.

Ms. D filed a lawsuit requesting the court to recognize Le Gia P as the child of both her and Mr. Trinh Vinh C, and to order Mr. Trinh Vinh C to provide child support of 2,000,000 VND per month from January 12^th, 2014, until Le Gia P reaches adulthood. During the first-instance trial, she modified her request, seeking a monthly support of 1,500,000 VND from January 12^th, 2014, until Le Gia P turns 18.

* Defendant Mr. Trinh Vinh C’s Statement:

Mr. Trinh Vinh C acknowledged the cohabitation period and the court’s decision not to recognize them as spouses as stated by Ms. Le Thi D. He admitted that Le Gia P is his biological child with Ms. Le Thi D, born during their cohabitation. He claimed that due to severe family conflicts, Ms. Le Thi D did not allow him to acknowledge paternity or to register the child under his surname.

Regarding Ms. Le Thi D’s child support request, Mr. C deemed the requested amount excessive, exceeding his income. He agreed to provide 1,300,000 VND per month starting from November 1^st, 2017, until Le Gia P reaches adulthood.

In the first-instance judgment No. 48/2017/HN-ST dated November 22^nd, 2017, the People’s Court of Loc Ninh District ruled:

– Recognizing the agreement between Ms. Le Thi D and Mr. Trinh Vinh C, establishing that Le Gia P, born on January 12^th, 2014, is the biological child of Ms. Le Thi D and Mr. Trinh Vinh C.

– Granting Ms. Le Thi D custody of Le Gia P until he reaches adulthood.

– Ordering Mr. Trinh Vinh C to provide monthly child support of 1,500,000 VND until Le Gia P turns 18, starting from October 12^th, 2017.

– The judgment also addressed court fees, enforcement obligations, and the parties’ right to appeal.

On November 27^th, 2017, the plaintiff, Ms. Le Thi D, appealed, requesting the Binh Phuoc Provincial People’s Court to amend part of the first-instance judgment No. 48/2017/HN-ST dated November 22, 2017, of the People’s Court of Loc Ninh District.

She demanded that Mr. Trinh Vinh C pay child support from the birth date, January 12^th, 2014, to October 12, 2017, amounting to 45 months x 1,500,000 VND/month = 67,500,000 VND.

On November 30, 2017, the defendant, Mr. Trinh Vinh C, filed an appeal against the decision to pay 1,500,000 VND/month in child support as decreed in the first-instance judgment. He requested the Binh Phuoc Provincial People’s Court to reduce the child support amount to 1,000,000 VND/month. Additionally, Mr. C requested custody of the child, P, without requiring Ms. D to provide child support.

The representative of the People’s Procuracy participating in the appellate trial proposed that the Appellate Council, pursuant to Clause 1, Article 308 of the 2015 Civil Procedure Code, should: reject Mr. C’s appeal, reject Ms. D’s appeal, and uphold the first-instance judgment No. 48/2017/HN-ST dated November 22, 2017, of the People’s Court of Loc Ninh District.

After reviewing the case files, investigating at the trial, based on the results of the trial discussions, and considering the opinions of the procurator and the litigants, the court finds:

COURT’S OPINION:

[1] Concerning Mr. C’s appeal for custody of Le Gia P without requiring Ms. D to provide child support: Since birth, P has been solely cared for by Ms. D, developing normally in both physical and mental aspects. The first-instance court’s decision to grant custody to Ms. D is appropriate; therefore, Mr. C’s appeal on this matter lacks grounds for acceptance.

[2] Regarding Mr. C’s appeal to reduce the child support amount from 1,500,000 VND/month to 1,000,000 VND/month: According to the verification record of the Loc Ninh District People’s Court (Document BL33), the average cost of caring for a child like P is 3,000,000 VND/month. Thus, the first-instance court’s decision requiring Mr. C to pay 1,500,000 VND/month (3,000,000 VND / 2 parents = 1,500,000 VND/parent) is appropriate. Mr. C, being a teacher with a stable monthly income of 4,666,220 VND (Document BL18), does not provide sufficient grounds to reduce the support amount.

[3] Concerning Ms. Le Thi D’s appeal requesting Mr. Trinh Vinh C to reimburse the child support she solely provided for Le Gia P from birth on January 12^th, 2014, until October 12^th, 2017 (the date she filed the lawsuit), totaling 45 months x 1,500,000 VND/month = 67,500,000 VND: During the appellate trial, Mr. C acknowledged P as his child, who has been solely cared for by Ms. D since birth because he was not legally recognized as the father.

Despite this, Mr. C provided Ms. D with 5,000,000 VND for childbirth expenses and subsequently an average of 1,000,000 VND/month for 5 months each year. Ms. D only acknowledged receiving 5,000,000 VND for childbirth and 3 separate payments of 1,000,000 VND each for child support.

[4] According to Articles 82, 83, Clause 24 of Article 3, Articles 107 and 110 of the 2014 Law on Marriage and Family, and Article 281 of the 2005 Civil Code, the obligation of parents to support their minor children arises from the child’s birth. Child support is both a right and an obligation of parents not directly raising the child. Since Le Gia P was born on January 12^th, 2014, and up to October 12^th, 2017 (the date Ms. D filed the lawsuit for support), Ms. D has solely cared for, nurtured, and covered the expenses for P.

The first-instance court’s decision to reject Ms. D’s request for Mr. C to reimburse the expenses she incurred from January 12^th, 2014, to October 12^th, 2017, adversely affects her legitimate rights and interests. Therefore, part of Ms. D’s appeal is accepted, requiring Mr. C to reimburse Ms. D half of the 2,000,000 VND/month expenses she incurred, calculated from January 12^th, 2014, to October 12^th, 2017, as follows: 45 months x 1,000,000 VND/month = 45,000,000 VND.

[5] Mr. C claims that he provided support for 5 months each year, averaging 1,000,000 VND/month, but lacks evidence. Ms. D acknowledges only receiving 3 separate payments of 1,000,000 VND each. Therefore, only these 3 months’ payments can be accepted, totaling 3,000,000 VND, which will be deducted from the 45,000,000 VND Mr. C owes Ms. D (45,000,000 VND – 3,000,000 VND = 42,000,000 VND).

[6] The 5,000,000 VND given to Ms. D for childbirth expenses cannot be deducted from the child support amount.

[7] The representative of the Binh Phuoc Provincial People’s Procuracy’s opinion to reject Mr. C’s appeal for a reduction in support is justified.

[8] The representative of the Binh Phuoc Provincial People’s Procuracy’s opinion to reject Ms. D’s appeal for child support from January 12^th, 2014, to October 12^th, 2017, lacks grounds.

[9] Other decisions of the first-instance judgment without appeal or protest take effect at the end of the appeal period.

[10] Appellate court fees: Mr. Trinh Vinh C must bear the appellate court fees as per legal provisions.

In light of the foregoing,

DECISION

Pursuant to Clauses 2, Article 308, and Article 309 of the 2015 Civil Procedure Code; Resolution No. 326/2016/UBTVQH14 of the National Assembly Standing Committee on court fees and charges;

Reject Mr. Trinh Vinh C’s appeal. Partially accept Ms. Le Thi D’s appeal. Amend the first-instance family and marriage judgment No. 48/2017/HNGĐ-ST dated November 22, 2017, of the People’s Court of Loc Ninh District.

Applying Articles 3, 14, 68, 69, 71, 82, 83, 107, 110, 116, 117, and 119 of the 2014 Law on Marriage and Family; and Article 281 of the 2005 Civil Code.

• Recognize the agreement between Ms. Le Thi D and Mr. Trinh Vinh C. Confirm that Le Gia P, born on January 12^th, 2014, is the biological child of Ms. Le Thi D and Mr. Trinh Vinh C. Grant Ms. Le Thi D the custody of Le Gia P and the right to care for and raise Le Gia P until he turns 18 and is capable of working.
• Order Mr. Trinh Vinh C to reimburse Ms. Le Thi D for child support for Le Gia P from January 12^th, 2014, to October 12^th, 2017, in the amount of 42,000,000 VND (Forty-two million VND).
• Order Mr. Trinh Vinh C to pay child support for Le Gia P to Ms. Le Thi D in the amount of 1,500,000 VND (One million five hundred thousand VND) per month until Le Gia P turns 18 and is capable of working. The support payments will commence from October 12^th, 2017 (the date Ms. D filed the lawsuit).
• First-instance court fees: Mr. Trinh Vinh C must pay 300,000 VND. Ms. Le Thi D is exempt from these fees. The Loc Ninh District Civil Judgment Enforcement Department, Binh Phuoc Province, will refund Ms. D the 300,000 VND she paid in advance according to receipt No. 0014898 dated October 12^th, 2017.
• Appellate court fees: Mr. Trinh Vinh C must pay 300,000 VND, which will be deducted from the court fee advance he paid according to receipt No. 0005554 dated November 30, 2014, by the Loc Ninh District Civil Judgment Enforcement Department, Binh Phuoc Province.
• From the effective date of the judgment, upon a written request for enforcement by the beneficiary, the obligor must pay interest on the outstanding amount until full payment is made. The interest rate is as prescribed in Clause 2, Article 468 of the 2015 Civil Code.

If the judgment is enforced as per Article 2 of the Law on Civil Judgment Enforcement, the parties involved (the beneficiary and the obligor) have the right to agree on the method of enforcement, request enforcement, voluntarily comply, or be subject to enforcement according to Articles 6, 7, and 9 of the Law on Civil Judgment Enforcement. The statute of limitations for enforcement is as prescribed in Article 30 of the Law on Civil Judgment Enforcement.

• Decisions from the first-instance judgment not subject to appeal or protest become effective at the end of the appeal period.

CONTENT OF THE CASE LAW

“[4] According to Articles 82, 83; Clause 24 of Article 3, Articles 107, and 110 of the 2014 Law on Marriage and Family, and Article 281 of the 2005 Civil Code, the parents’ obligation to support their minor children begins at birth. Supporting a child is a right and duty of the parents not directly raising the child. Le Gia P, the child of Ms. Le Thi D and Mr. Trinh Vinh C, has been solely cared for by Ms. D since birth (January 12^th, 2014, to October 12^th, 2017), covering all expenses.

The first-instance court’s decision to reject Ms. D’s claim for reimbursement of child support expenses was deemed inappropriate, adversely affecting her legitimate rights and interests. Therefore, it is necessary to accept part of Ms. D’s appeal and order Mr. C to reimburse Ms. D half of the 2,000,000 VND/month she spent raising the child from January 12^th, 2014, to October 12^th, 2017, as follows: 45 months x 1,000,000 VND/month = 45,000,000 VND.”

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