16-year-old son pays RMB 30,000 for mental damage

□ Our reporter Zhan Haifeng

　　□ Correspondent Yang Jie

　　After the divorce, the man learned that his 16-year-old son was not his own, and asked his ex-wife to return the alimony and compensate for his mental losses.

Recently, the People's Court of Hechuan District of Chongqing City concluded this support dispute case and found that the woman Su deliberately concealed the facts and constituted a "fraudulent support", and sentenced the defendant Su to return the support payment and compensate more than 100,000 yuan for mental losses.

　　In November 1998, Ni and Su registered their marriage.

In February 2002, his son Xiaosu was born.

In March 2018, Ni and Su agreed to divorce.

After the divorce, Ni suspected that Xiaosu was not himself because he heard the gossips of his neighbors.

So, he took the toothbrush used by Xiaosu and commissioned an appraisal agency to conduct a paternity test, and the final test result was: excluding Ni and Xiaosu's paternity.

　　I thought I would have a son when I was 39 years old and took good care of my son in every possible way, but I realized that when I was almost 60 years old, I discovered that my son was not his own.

Ni, who was more than half a hundred years old, was hit hard, and angrily sued his ex-wife Su to the Hechuan court, requesting an order for the defendant Su to return support and spiritual comfort money.

　　After the trial, the court held that the husband and wife should be loyal to each other. The defendant Su, as his wife, gave birth to Xiaosu out of wedlock during the marriage relationship with the plaintiff Ni, which caused the plaintiff to misunderstand and perform the duty of raising. Therefore, the plaintiff paid for Xiaosu. The defendant shall return the maintenance fee.

Regarding the return standard of support, taking into account the actual needs of the children, the affordability of the plaintiff and the defendant, the actual local living standards and other factors, the court has determined that the return standard of support is 400 yuan per month, and the payment period of support is 193 months. A total of 77,200 yuan.

　　The court held that the defendant’s actions violated the plaintiff’s personality rights as the husband and caused great mental harm to the plaintiff, and compensation for mental damage should be made in accordance with the law.

Taking into account the degree of the infringer's fault, the court determined that the mental damage relief was 30,000 yuan.

　　The judge stated that in recent years, disputes over "fraudulent support" have gradually become one of the prone family disputes.

"Fraudful upbringing" generally refers to the behavior in which the woman deliberately conceals the facts when she knows or ought to know that the child born is not the man's biological child, causing the man to mistake the child as a biological child to be raised.

According to the provisions of Article 1043 of the Civil Code on the ethics of marriage and family, as well as the judging rules established by the problem of unjust enrichment in fraudulent support disputes, the fraudulent party shall return the maintenance fee to the fraudulent party and pay the mental damage as appropriate Compensation.

　　Comics/Gao Yue