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Chapter Law Content

Title: Family Act CH
Category: Judicial Yuan(司法院)
PART IV NON-LITIGATION PROCEDURES FOR FAMILY MATTERS
CHAPTER II NON-LITIGATION MATTERS CONCERNING MARRIAGE
Article 98
Provisions in Articles 52 and 53 of this Act shall apply, mutatis mutandis, to jurisdiction over matters concerning mutual obligation of cohabitation between husband and wife, designation of the domicile for the husband and the wife by a court, mutual obligation between the husband and the wife to inform each other of the condition of his or her property acquired in marriage, payment for living expenses of the household, for expenses of maintenance, for alimony, or court order of the application of the separation of property regime for matrimonial property.
Article 99
A claim for living expenses of the household, for expenses of maintenance or for alimony shall indicate the following in a preparatory pleading or a transcript:
1. the amount, duration, and the payment method of the claim;
2. the income level, property status, and other relevant information regarding the personal financial capacity of the relevant parties, evidenced by photocopies of the documents used.
An applicant who claims multiple items among the expenses provided in the preceding paragraph may combine those into a claim of a sum total or of a minimum amount; where the claims or statements are unclear or incomplete, the court shall direct such a claimant to clarify or to provide supplementary explanations.
Where an applicant claims for the minimum amount in accordance with the preceding paragraph, he or she shall supplement the claims prior to the conclusion of the proceedings. Where the claimant fails to supplement the claims, the court shall inform the claimant that he or she may so supplement the claims.
Article 100
In determining the amounts, the bearers, the methods or the portions of sharing of payment for living expenses of the household, for expenses of maintenance or for alimony, the court may take into account all the relevant circumstances, and is not bound by the claims made by the applicant.
With regard to payment in the preceding paragraph, the court may, upon motion by the parties or on its own initiative, order it to be made in one lump sum, in installments, or in periodic fixed amount, and with provision of a security when necessary.
Where the court orders the payment to be made in installments, it may determine the extent or conditions where the subsequent installments become due upon a default of performance of one installment.
Where the court orders the payment to be made in periodic fixed amount, it may determine the extent or conditions where the benefit of periodic payment is lost and the amount that shall be paid in addition, which shall not exceed half of the fixed amount.
Article 101
Where, during the litigation proceedings relating to the substantive claims, the applicant and the opposing party have reached a settlement with regard to matters provided in Article 98 or other matters subject to the parties’ own disposition, the settlement shall have the same effect as a binding judgment upon being recorded in the settlement transcript.
The applicant and the opposing party may not, in accordance with the preceding paragraph, reach a settlement with regard to matters that, though subject to the parties’ own disposition, are nonetheless not covered under the subject matters of the proceedings, unless filing a petition for amending or adding to the original claim, or for initiating a counter-claim.
Where the applicant and the opposing party have reached an agreement with regard to matters other than those provided in the preceding two paragraphs, the court shall, after considering the content of such an agreement, enter an appropriate judgment.
Where there are grounds for nullifying or revoking a settlement provided in Paragraphs 1 or 2 of this Article, the applicant or the opposing party may move for continuing the proceedings of the original action, to which Article 380, Paragraph 3 of the Code of Civil Procedure shall, mutatis mutandis, apply.
A third party whose legal interest has been adversely affected by a settlement provided in Paragraphs 1 or 2 of this Article may move for revoking or amending the parts that so adversely affected his or her legal interest, to which provisions in Part V-I of the Code of Civil Procedure relating to third-party opposition proceeding shall, mutatis mutandis, apply.
Article 102
Where terms and conditions in a binding judgment or a settlement regarding payment for expenses provided in Article 99 have yet to be realized, and are manifestly unfair due to a fundamental change of circumstances, the court may, upon motion by the applicant or the opposing party, modify the said terms and conditions in the binding judgment or the settlement.
Prior to entering a judgment in accordance with the preceding paragraph, the court shall grant an opportunity to be heard to a relevant party.
Article 103
Where, as for the proceedings of action provided in Article 99, a relevant party disputes the legal relations on which the claims are based, the court shall direct the said relevant party that he or she may move for his or her claims to be joined with the action and covered by a single judgment.
Where a relevant party moves for his or her claims to be joined in accordance with the preceding paragraph, the court shall make a ruling that litigation proceedings for family matters shall be applied and the presiding judge shall continue adjudicate the case, unless the relevant parties agree that non-litigation proceedings for family matters shall apply.
No interlocutory appeal may be taken from a ruling done in accordance with the preceding paragraph.