Case 7 – Luzhou pre-trial divorce compensation dis...
Host: After all, you two used to be a couple for such a long time.Last time it was also discussed through a lawsuit.Ah,everyone, as far as I am concerned, I think all that should be said had already been said last time.But on several points the two sides have different opinions.That is why Wenqiang still insists in going to court and solve the problem that whether to divorce the defendant.So under such circumstance, as for the defendant, considering the principle, both of you two sides shall take a consideration of how to well settle the problem of your marriage.Ah,the fact is that you are still couples.But if there’s little possibility of being together, I think it is better for both of you to bid a polite farewell and get divorced.Isn’t it?Talking about those issues on which you two find difficult to agree, I think you’d better both “walk a little closer to the middle”which means to show more understanding for the other side so as to have all those disputes settled.If you just keep insisting to your own opinion, that will end in more arguments which actually does no good for either sides.The best way is that both of you take more consideration for the other and build some understanding which will lead to the settlement of your problem.Come and sit on this chair.No one sits here.Wenqiang...What I said just now is the normal procedure, ah…today our main purpose is to mediate…ok, my suggestion is, you two why not just be straightforward, stop beating around the bushes, just tell us whatever that is on your mind, speak openly and directly, ok? Firstly, let’s talk about the issue of divorce.As for the husband, how do you think about it?After she filed for divorce, have you thought about how to solve it? Ah, she’s just filing for divorce.
Wife: It is he who filed for divorce first, so it’s he who should speak first.
Host: Yes, but as you have already seen it, right…I don’t think it’s necessary to mention much about all those disputes between you two before.What matters most now is to find out how to solve this problem.Ah, No matter what you want to talk about, whether it is something good or something reasonable, our objective is just searing for solution of this problem, right? So let’s see this, which means…I don’t think it’s meaningful to spend much time on those of your conflicts before, I think it is time to pay attention to the question: how to solve it.If it is solved,everything will then be ok.
Wife: …I don’t have too much requirements since their relationship has already become this close.Ah, of course you cannot say that we two can be together again.There’s just no possibility…
Host: This case’s arbitration time is in this October – 9:30 AM on 27th, October.It will be taken place here in this court.Ah, now that since you two sides both come here during the arbitration time, our court can work as the host to mediate between you two.It can also be arranged by you two.Ah, you two can make a decision of another time when the case will be put on trail.During this period,from now on, our court shall work to mediate between you two sides.(pick up the phone: hello? Ah, you mentioned that, the secretary? Yes, it’s the arbitration…no, no,you’ve taken care of that, you got everything done already.He doesn’t come, Wenqiang and that one have both come already.They just arrived and started to talk.Ah, ok,hang on…)
Husband: Hello…
Host: I put the phone down.As the one who first filed for divorce, it’s your turn now to talk about your case.You can share with us a piece of your opinion of how to solve this problem.Wenqiang, why not tell us what you think first?Tell us how you consider to have the problem solved.
Husband: As for me, since we used to be a couple after all,certainly we shall proceed the divorce process following certain legal procedures.Talking about the kid, it’s totally up to him, we’ll listen to the kid’s own opinion and see who he wants to go with.Right? That is to say, since we used to be a couple, if this works out, I will compensate her two thousand yuan, but if it doesn’t work out, either she or I don’t want to have the kid, then we will just do in the way that should be done.These are the two ways of solution.It depends on the court, how you court want to have our problem solved.
Host: So what you mean is that, after divorce, either side can take the child to raise, is that right? Ah, the thing is, the other side must give certain living expenses, right?Another point is that, you would be willing to pay her two thousand yuan to solve the problem.Oh…you pay her two thousand and she does not have to pay the living expenses for the kid, right?
Husband: Yes, these are the two kind of solutions.
Wife: No, this cannot work out.Only two thousand yuan.
Host: Wait a second.You didn’t talk when he asked you to.Now he’s talking and you are interrupting.When he’s talking let him finish first.Ok?
Husband: If you want it, you shall pay two thousand yuan.
Host: So, if the requirement about the money is too high,then the other side shall also share the living expenses of the kid?
Husband: Yes, exactly.
Host: If the other side sets the requirement too high then she has to share the child’s living expenses.
Husband: Right.
Host: Just now Wen Yun has already told us his opinion.So now,as the defendant, you can consider for a moment and tell us what you think about his request.You can talk about your idea and tell us your reason, ah?
Wife: …No shelter for me to live, no food allowance, and I’ve always been suffering from illness which is caused by his mother’s beating me in that year.Now my head often feel painful.I also have stomach trouble.I don’t know what to do.I just cannot afford all these.I’m not able to raise my kid.Even though he made a lot of money from his work there, he wouldn’t agree to raise the kid, why shall I take the duty of raising the kid? I wouldn’t say yes if he only pays two thousand yuan.
Host: I see, but you have to let him finish his talking first.
Wife: …He kicked me out of the house and I’ve no food to eat or shelter to live.How can I afford to raise the kid?...(Arguing)
Host: Don’t lose your temper! Don’t get too emotional! What is all that about? Hey, you two are here to have your problem settled.You are not coming for quarreling.If you just want to quarrel, I will not go on mediating between you.It’s really unnecessary, do you get that?
Wife: So let’s discuss about it then and work it out.
Host: If you two both talk with such an attitude, I’m afraid there will be not settlement but only quarrelling.
Wife: But what an attitude, you heard what he said…no…
Host: You two please stop talking at the same time.Just take turn to talk.
Wife: If everyone talks about it, there will be no clear opinion.This thing… My sofa, my bedclothes and all my clothes and trousers are all there…
Husband: Please don’t waste time on such trivial things,please just be straightforward and tell me how you want it to be solved.
Host: Yes, what do you want? How to solve it? Just be straightforward.You just speak what is on your mind, not any others.Just now, you are just giving suggestions, not your opinion.Do you get that? Now please talk about your opinion, ok?
Wife: Actually I don’t have much opinion, this is my lowest requirement.
Husband: But you have to make it clarified.You must tell me.
Wife: Yes, but at least you…
Husband: We agree on the divorce, but you didn’t tell me what do you want and your opinion.I know what you really want,but you must tell me so that I can keep that in my mind.
Wife’s sister: That day she called me to tell me that 7000 yuan had already been agreed.She told me to come on the 22th and said that he had already agreed and had it settled.It’s just this thing, nothing else.Talking about the kid, if you really want then you make take him with you.But in case you say that you don’t want the kid, say that it’s none of your business…how can she, such a woman,to take care of this kid alone, she…
Wife: Even though you can earn over three to four thousand yuan a month, you wouldn’t agree to raise the kid.
Host: Don’t say too much.On the first issue, you made it clear but you said too much.For the person who makes record,you speak too quickly that he can hardly follow you.You are the first one to agree on divorce, right? Then how about the issuing of raising the kid.Oh, the problem about fostering the kid, the first question is who will be responsible to raise the kid.Ah, you two don’t need to talk together, let’s speak one by one.Ok? If you two keep quarreling there’s no way to have the problem settled.If the kid will be raised by the accuser, then how about the allowance for him?
Wife: Talking about the alimony, he has a good job that makes over three to four thousand yuan per month.Shouldn’t he be responsible for raising the child? There’s no way that I should take this duty.
Host: So, you mean that you are not going to pay for the alimony right?
Wife: That’s correct.In the past seven to eight years, I was here, earning about ten thousand Yuan per year.As four here his salary is much more that even reaches three to four thousand per month.What I did for living was to look for zhaergen (a kind of potherb) to sell.Besides, there’s illness in my stomach and my head.
Host: Your third request is asking him to provide you with financial help, an amount of subsidy about 7000 Yuan,right?
Wife: Yes.
Host: So these are all your requests, nothing more.
Wife: Maybe something else…if he can agree that’s good; if he cannot, then just let it go.
Host: These are Ok.If you want to get divorced, you can go to the police station and have it done.The court will not help you solve it here.
Wife: I just want to say something here, that is…
Host: So you two shall do this.Since you two have already talked about your opinions, what I want to say is: to follow the legal rules and regulation.I’m going to explain to you’re the legal rules and procedures.The thing is, it’s your freedom to choose whether to marry or divorce, right?Since there’s certain request for marriage, there will also be requests for divorce.Right? So if you have already come to talk about Li Huiniang, ha, it’s in accordance with the legal requests for divorce.Then for the court, though you still have arguments on certain issues and have some disputes.One of you wants to divorce while the other doesn’t.So, the courts, considering the requests you mentioned, to make our judgment, right? If certain terms cannot be met, then the court will not judge and will not allow you to divorce.Of course, through the lawsuit, you have already seen that the first result of the court’s judgment is that you two cannot divorce because you cannot meet the terms for legal divorce.But since Wenqiang insists in it, now you come to the second lawsuit which proves that there’s little possibility for you two to get back together.Right? Your relationship has already been broken, this is very obvious, right? It is an issue about divorce.So now let’s come to the second point – the raising of your kid.Since you two mentioned about it, so let’s see, you two are both of civil capabilities, which legally means you two are able to make a living for yourselves.This is life.Now that you two had your kid, as persons with civil capabilities, you two shall take the responsibilities of raising the child.According to the rules in the law, if you are not of civil capabilities or are handicapped or something like that which makes you unable to make a living by working, then you may not be able to raise the child.But now you both has the ability to raise the kid, then you should shoulder the responsibility of raising the kid.Both of you is responsible for it.Ah,concerning this point, I must make it clear.It has been the prescript in the law that, no matter which one will take care of the kid, the other one shall also share the responsibility of raising the child, right? Of course, on this matter, you two can negotiate, if one of you agrees to take care of the kid without asking the other one to pay, it is also ok.But this is only possible after certain negotiation.But such solution will not be reached if the case is judged by the court.Right? It’s not possible to ask one of you to bear all the living expenses of the child.So on this matter of alimony, it’s legally allowed that one of you can provide the other one with certain financial help if the other one find it difficult to raise the kid alone.Ah, that is to say, I think, your two’s biggest problem now is not about whether to divorce or not…it’s also not about the child’s alimony.The problem that stands out now is about the financial help.It’s about how much to give, right? So on this matter, I hope you two can think about the past that you spent together as a couple.Besides, you have already come to this point, if you ask for too much, it may not be possible to realize.You shall take your consideration based on the real economic condition of the other.Right?Of course, the two side shall have it settled in a reasonable way, ah? If you ask for too high a price, it surely won’t work out, right?
Wife: I also worked for him and still am his wife.But I got the illness when I was in his family, there’s pain in my head as well as in my stomach.The illness cost me several hundreds yuan.
Host: You talked a lot about it, but what you finally will get is just a relatively appropriate sum of money.This is how I think about it.If you want to have your problem settled as quickly as possible, this is the best solution, right? It’s like this.You two can have a discussion first.Let’s see,through such a discussion, let’s see if we can solve it.
Wife: I see no reason why we should still discuss.We have already got into such a mess.
…(quarrelling)
Host: You can consider going out and find a job, even work as a driver is ok…Yang Guifang, if you still insists that you are not available, I shall now tell you, it is now permitted according to the law.Do you understand? Now I know that you have a job out there.
…(quarrelling)
Host: You have a pair of hands and you can have a job to work,right?
Wife: But I have illness, my stomach is ill, I’ve already told you.I just went to the hospital to have it treated…
Host: I’m afraid this is just a personal matter.Since you give birth to your child, as a parent, it is your due responsibility to…
…(quarrelling)
Host: Now you have to think about it, you can choose to bear the alimony.But think about it, in that case, you have to spend much more to pay for the child’s living expenses.You just consider the basic need will surely cost a lot; you can do your own calculations.I’m telling you that.
Husband: This is set in the rules of the law.You say you are not able then you can escape the responsibility? It’s not like that.If you think you don’t have to take the duty because of the stomach illness, then you must know there’s no such a rule in the law which make you free from paying the alimony just because of your stomach illness,right?
Husband: Since you have a job out there, it’s impossible that you have no income at all.
Wife: I worked for one month but the payment was often delayed.
Host: Please don’t interrupting me when I am speak.
…(quarrelling)
Host: Listen to me.I tell you: don’t you argue endlessly.What I mean is that the allowance for the kid, listen, if you work out the accounts.Hey, won’t you listen to me?
Wife: Just go on with what you are saying.
Host: You are talking without end when I am speaking.Don’t I just waste my breath? When I am speaking, you have to listen.Why cannot you just hear me?
Wife: Oh, go ahead.
Host: Stop talking when I am speaking, ok? What I mean is that you of course have the duty to the kid.Under the law, you have the obligation to raise the kid.You have to do the accounts, however.If you are to bring up the kid, the basic living expenses alone are 100 Yuan.At least you should pay this, right? As for the calculation of the accounts, then would you please tell me how old your kid is?
Wife: Seven years old.
Host: Oh, seven years old.Then according to the regulations of the law, the kid still has 11 years before adulthood,right? Generally the age of adulthood is 18.Oh, 18 is the generally accepted age of adulthood.100 Yuan per month and 11 years, then how much is the sum in total? After calculating it, you have to think for a little while.As to this sum of money, however, Wenqiang won’t ask you to pay it.In addition, he agrees on your requirement for some financial subsidy.He intends to give 2000 Yuan.You can take this into consideration.This is what I mean to say.You might as well do the calculation.Actually it’s already quite a heavy burden for Wenqiang to raise the kid, right?Nowadays the cost of living alone is, as I’ve already said,100 Yuan.But you have to include the fees for medicine and education, right? The exact number of this sum is hard to work out, right? As a man, capable as he may be or whatever, Wenqiang is now only a driver.It is unrealistic of you to insist that he has a handsome income.He can possibly earn 100 thousand or even more than a million Yuan on a year’s basis provided he is a boss, but he is not yet a boss; he is only an employee, isn’t he? He is after all a driver.I think you are clear about how much you earn per year, after such a long time of living together as man and wife.But now Wenqiang says he doesn’t work for that Mr.Wang, right? As a result he has to hunt for another job,doesn’t he? Besides feeding himself, he has the kid to support.Isn’t it right for you to make allowances for his difficulties? As far as the payment for the upbringing of the kid is concerned, Wenqiang is nice enough to agree to give you a fraction of money under such circumstances.And I think your requirement should not be too demanding,right? Both sides should solve the issue fair and reasonably.As regards the financial shortage, I suppose you can make up for it later through working.It is unnecessary and useless that you quibble over the marriage mediation for a solution.And the sum of money is only a few thousand, the disparity is not so big as you consider.I hope you both compromise on the solution of the issue, ok? And given the situation you are in, you…
Husband: We made a phone call before coming; it’s useless to argue.
Wife: You say he cannot earn enough money, then how do you think I can? Just take a look at my expenditure during this period.I haven’t even got enough to eat.Not a single grain…
…(quarrelling)
Wife: Besides I have stomach trouble.The year before last I owed a debt of more than 1000 Yuan.This year I owe another thousand.You see…my cost and my life.I need the payment to bring up the kid.You haven’t taken it into consideration that he earns more than 10 thousand Yuan per year while I cannot even earn 700 Yuan during the same time.It is true.Your monthly income is 3 to 4 thousand.It is our shared property.How about my expenditure during this period?
…(quarrelling)
Host: Enough! Stop arguing.You must mean to increase the subsidy if you really insist…
…(quarrelling)
Wife: He himself called me first.Then I called him to come here.It is he who made the call first…
…(quarrelling)
Wife: Only he needs to expend money and to spend on the kid?Anyway he earns 3 to 4 thousand Yuan per month.You have to pay for my medical cost.You have to be considerate.Needn’t I spend money on my disease? I will get back what I have obtained in the past 8 years.The law, it has to take my situation into consideration.
…(quarrelling)
Wife: That’s our shared property.We have a saving of more than 10 thousand Yuan.In February of the year before last,we sold 3 pigs.Then in September we sold another four at the price of more than 4 thousand Yuan.In April of the same year we even got more 3 thousand by selling more than 2 thousand kilograms of grains.But it is a pity that my head injured that year.I am afraid I cannot get 1000 Yuan per year.
…(quarrelling)
Wife: He has money to spend, while I haven’t.I get nothing out of my efforts in the past 8 years…
…(quarrelling)
Host: In this case your requirement is a little bit demanding,for he is unable to give so much…
…(quarrelling)
Husband: On second thoughts, I can give you 4 thousand Yuan at most…
…(quarrelling)
Host: You have talked so much.Now I ask you this question.It is a long time since you got tied down by the lawsuit.You have undergone the lawsuit.(to the kid: don’t you move to and fro there.Don’t come in any more if you want to go out) I tell you---you can only get the alimony on legal basis.You have to make sure your argument holds water before the law.Have you got evidence? It should be done in accordance with the law.
Wife: But that’s our shared property.
Host: What matters is this: do you have the savings NOW? I have already decided many cases based on the law.Do you have the savings Now?
…(quarrelling)
Host: Where is the savings? You’ve got to provide evidence.
Husband: Your verbal statements are no guarantee.It is the fact that matters.
Host: Do you still have the savings? We need evidence in the court of justice.
…(quarrelling)
Host: I repeat my question—do you still have the savings? If you do, you must provide evidence.Without sufficient evidence we cannot prove he has the savings.Under such circumstances you are put to an unfavorable position,understand? It’s a disadvantage for you.
…(quarrelling)
Host: Listen to me for a while and don’t interrupt.Listen.The court can only decide a case in due procedures.We have to decide how much financial subsidy you deserve to get and under what circumstances can you get it, right? As to the shared property and its value, you’ve got to have legal evidence, understand? Before the law it’s evidence that counts.For example, when you file a lawsuit, only when you have the evidence to prove the existence of the property and its value can the court pass judgment, right?
Wife: Why don’t we have the savings? Last year he still…
Host: Last year is no evidence for now.
…(quarrelling)
Husband: The court has consideration only for evidence,understand?
Host: You can get nowhere without evidence.
…(quarrelling)
Host: That you had the savings in the past doesn’t necessarily follow that you still have it now, understand?
Wife: Why don’t we have the savings now?
Host: Well, then where in the world is it?
…(quarrelling)
Host: What if you have still the savings? I may make investigations into it.But what if you haven’t?
Wife: How can you investigate the savings if it’s been drawn out?
Host: Oh, drawn out…
Wife: Truly we have the counterfoil to prove the savings.
Host: On what is the money spent? Even if you did have the savings, it could be easily spent.Now we can do nothing about it.Understand? Now we should have…
…(quarrelling)
Host: You have to give a reason.It’s quite easy.On what has the money been spent?
Wife: The damned law.
Host: The law is as serious as strict.
…(quarrelling)
Wife: I don’t own a thing in the world, not even a grain.
Host: The reasons you give cannot get you nowhere.We…
…(quarrelling)
Husband: We don’t need to engage in talk about those issues.
Wife’s sister: Now stop and listen to me.I was helping others during the spring festival.…He didn’t want to me to take away (the quilts and the alike), so he caught me and stopped me.There were also two people playing cards there.And I said: you watch me, or I may not be able to take it back home.And (someone) phoned and asked Wenqiang what he intended to do and why not let me take that home.Because it was mine, and was carried with me when I married and went to live with him.So it belonged to me.I should take it.But he was not happy with my action, and complained to the officer with his family members.
Host: Well, what do you mean by telling me these? It’s futile.
Wife: He said it was me who…
Host: Now I would focus my mind on these three issues in order to get a solution.You needn’t say anything else, for it is mediation instead of a court session.And I think now we have no time to talk about others.I would see whether we’ve got some requests as the foundation of our mediation.The requests are certainly enough.But even you yourself are not sure about this.Anyway the court has to pass judgment at last.And it is done based on the law and on the evidence given by you.I have to explain it clearly to you beforehand.Given the situation you are in,it is advantageous for you to strive for mediation.You don’t have to bear the payment for the upbringing of the kid…
Wife: I too will support the kid provided I can earn money.Both parents have to assume the responsibility.You can only say…
…(quarrelling)
Host: Having the responsibility and being unable to assume the responsibility are two entirely different things.For example, if you are asked to pay the debts, then you should pay without doubt, for it is you who borrow the money.However if he is really unable to carry out the law,it’s useless to force him to do it.Understand?
Husband: Now it is no longer about the issue of the payment for the upbringing of the kid.
Host: Whether you should assume the responsibility and whether you are able to do it are different.
Wife’s sister: If you are irritated, then burn down his house.I still have no idea of the difference.
…(quarrelling)
Host: Calm down and listen to me.Now Wenqiang means to raise the kid until it reaches 18.You needn’t pay anything.Besides you can get 4 thousand Yuan from Wenqiang.Can it be thus settled? In fact, compared with the 7 thousand Yuan you demand, there is only a discrepancy of 3 thousand Yuan.
…(quarrelling)
Wife’s sister: He told me to ask my younger sister to talk and said it could be settled on the 22nd.
Host: As a matter of fact he just conveyed your opinions, he didn’t…
…(quarrelling)
Host: This issue is left to your decision after all.We are only responsible for the mediation.As to who will get how much, it is up to you.
Wife: You said you called me for it was already settled.
Host: Doesn’t it call for you two to settle the issue? Anyway the money is not to be given to Judge Zhao, is it?
Wife: He said he was to raise the kid himself and that I was free from this responsibility…
…(quarrelling)
Host: As I’ve already told you, Wenqiang has said he would raise the kid until it reaches 18, on the ground that you cannot afford to raise it.You might as well do the calculation.Now the kid is only 7 and according to the law,the cost of living in the rural areas is 100 Yuan per month.This sum is even enough for you.
Wife: At any rate you take sides with him.And the kid…
Host: How about it that each of you share half of the payment?
…(quarrelling)
Host: What reasons do you think that you get paid tens of thousand? Why should he give you such a big sum of money?
Wife: …
Host: It’s nice of Wenqiang to agree to bring up the kid.He doesn’t even ask you to share the payment, on the contrary he will give you 4 thousand Yuan so as to settle the dispute.
…(quarrelling)
Wife: He called to tell me that the issue had been settled on the afternoon of 16th.And you are not the one to decide on the amount of the subsidy.Moreover he didn’t pass on such a message to me.
Wife’s sister: What she means is that it’s been settled.He asked me to tell my sister to come here on the date just mentioned—at 4 o’clock on the afternoon of 16th.
Husband: The fact is that I’d like to talk to her in person.But she says it doesn’t work.Then we have no choice but to wait for the judgment of the court.
Wife: That’s not the case.It has nothing to do with the judgment of the court.
Husband: But you’ve thought it over…
Wife: I don’t want a penny.I’d rather pay with my own expense (to employ a barrister).
Husband: Go ahead if it pleases you.
Host: Why do you bother to do so? Why?
…(quarrelling)
Wife: It’s better for me to be more heavily in debt.I won’t bother about him.
Host: You should be realistic and satisfied with what you can get.
Wife: That means I should accept the allowance even if I am unwilling? Now I regret…
…(quarrelling)
Husband: How about it that I give you 5 thousand Yuan?
…(quarrelling)
Host: Has she consented yet?
Wife: I agreed at home.
Host: …How about now, at the court?(https://www.daowen.com)
Wife: Doesn’t he say he would give me five thousand Yuan?
Husband: Do I? I’ve no idea whether you said so.
Wife’s sister: He said so.He changed his mind so often.…he said he called me because it had been settled.I said ok,for he agreed to give 7 thousand Yuan.Then I called back for confirmation.He assured me of the amount and told me to ask my sister to come back.Well, my father then asked my sister whether she was there for a court session or for negotiation.
Wife: I said I would employ a barrister if they are to attend a court session.His reply was negotiation.As for negotiation, I said, we simple get together to talk.But as to a court session, I’d rather spend more than 1000 Yuan employing a barrister.
Host: Oh, nothing serious about this.From the perspective of the law, we will try out best to help you to settle the dispute through negotiation.If it doesn’t work still, we will of course open a court session.As for the divorce you mentioned, the court will pass judgment.Whether you are satisfied with the judgment, or who are satisfied or who are not, it is your own business.It now has nothing to do with the court.Understand? We don’t have to assure you of a final mediation.It is not the duty of the court.The court only has some sort of duty, but not necessarily the duty to…you have to understand what I mean.
Wife: The case is that on one hand he has to raise the kid, one the other he…
Host: He would raise the kid anyway, and he doesn’t even ask you for the allowance for the kid.
…(quarrelling)
Wife: My clothes are all stolen.
…(quarrelling)
Host: Those are trivialities.What I mean is that the solution to your dispute lies in the financial allowance.
Wife: No.
Host: No? I quite understand what’s on your mind.It’s useless for you to feel wronged and act rashly.You should be pragmatic.
Wife: How can we live up to his requirement? He said he would raise the kid.How can we live up to his requirement?
…(quarrelling)
Wife: I’m talking about that 7000 yuan, 3000 a year at least.Besides, another 1000 yuan? What if you don’t have even 1000?
…(quarrelling)
Host: What I mean is that you should be content with an allowance of 5 thousand Yuan while you can only get this much.Don’t argue endlessly.Well, it’s no use to argue.
…(quarrelling)
Host: Do you mean it cannot be settled by the court and that you want to solve the problem in your own way?
Wife’s sister: No.what I mean is…
…(quarrelling)
Wife’s sister: What I mean is this: would you like to settle the dispute through other ways if it cannot be solved under the law or by the court?
…(quarrelling)
Host: It can be settled under the law.But how is it that if you are dissatisfied with the judgment of the court?
Wife: What to do with it? Oh, let it be.Let it go at that.
Host: I feel you are so sure of a solution to the dispute.
Wife: How can it be that I am sure? I am penniless, and the law…
…(quarrelling)
Wife: He has money and can afford to employ a barrister.
Husband: It doesn’t help to regret.
Wife: It’s unfair that he earn 30 to 40 thousand Yuan per month while I earn nothing.
…(quarrelling)
Wife’s sister: He only wants to know what requirement Wife raises in the intermediation.I think he has already filed for divorce twice.Well, originally I didn’t get my sister’s OK at that time.But it is fifteen thousand yuan last year.For now, and only one person, it is 3200 yuan one year.I say the cost of appeal, besides hire the lawyer, has accounted for 7000 yuan.However, let’s forget the cost, it is better to settle down the problem and each goes his own way.And be quiet, all be quiet, only to reach an agreement.Then on the 16th, he called me.He had promised to call me once they reached an agreement.He called me on 16th, and almost on 4pm that day.I still remember those details.At that time, I have persuaded Wenqiang.And we reached an agreement of 7000 yuan alimony.Then I would take my sister back.I think it is pretty good and settle the problem.But I still……, my sister came back and made a great fuss……
Husband: 16th? Not on 16th, I came back on 26th.
...(quarrelling )
Host: Where do you work?
Wife: Farming outside the room.
Host: I mean you.
Wife: Me? I just go out to beg for a living, nothing special.
Host: Be straightforward.Working is not begging a living.Working in Luzhou and Guangzhou are the same.
Wife’s sister: She totally went out for 2 months and spent several hundred yuan for doctor in Hejiang.
Host: What did you during that time?
Wife: Working.
Host: How much do you earn per month?
Wife: How much? I even can’t get my salary back.
Host: Working in Guangzhou, can earn several hundred one month.
Wife: But I never get my pay.
Husband: 200 yuan per month? Are you kidding? Impossible,that is all made up by you.
Host: Guangzhou government has set a minimum wage.Why are you speaking this way?
Husband: Do you think I don’t know that?
Wife: So what is minimum wage in Guangzhou?
Husband: ...210 yuan at least.
Wife: Some only get 100 yuan per month; it is not as high as you think.
Host: What is your opinion? I am not in the good position to persuade him.
...(quarrelling )
Host: …After the legal document taking effect, you can apply to the court.
Wife: Oh, in 3 days, it would take effect.
Host: What?
Wife: I mean in 3 days…
Host: 3 days?
Wife: No, no, it’s about 15 days………
Host: No, in my opinion, it would take about half of a year.
Wife: Really?
Host: Three months for arbitration, 15 days for appeal.Then you can appeal………
Wife: All right, whether to appeal or not, that depends.But I haven’t written the petition, would you help me? ...this is your telephone number?
Host: It is the judge’s; you can come to the judge directly.
Wife: No, unnecessary.
Host: 2874000.
Wife: Little Smart (kind of mobile phone in China)? Little Smart is weak on signal.
Host: But more convenient than cell phone.
...(quarrelling )
Host: You take several days off, right?
Wife: I do take several days off.
Host: If you get several days off, how about fixing the time during that period, and you two come to the court.That would save your time and be more convenient, OK? Anyway,the result would come out then.
Wife: Oh, right, OK.
Host: There is no use of endless quarrelling.So to speak, it means nothing if you don’t understand what I have said.We can’t compel you to mediate, right?
Host 2: That is to say, you fix the time on your leave and wait for the trial.
Host 1: But the court doesn’t have the obligation to do all the work.There must be a judge for the result if the intermediation fails.At that time, the result will benefit either side anyway.The intermediation is the best solution.Once an agreement is reached, everybody goes their own ways, right? Everybody can do their business and stay easy all the time.Now it is time for solution.No matter you come in April or now, you just want to settle the problem.Now you all come here, let us fix a time in general.In my opinion, how about in the late month, what date today? 22nd, fix a time and we come here on that time.It’s 26th and 27th last time.We may arrange it on 28th.It is not long for a month, so it can’t…
Wife: According to the procedure.
Host: Fix on 29th, next Monday, when it is done you can come back.If you all agree, we would have the trial on that day.
Wife: Leave on 26th, on that day I will call her back.
Host: If can’t, have to wait until October.
Wife: If can’t reach an agreement, have to wait until...
Host: As Wife and husband, it’s not only about the two or three thousand yuan, we still need to discuss the issue of the kid.
Wife: You just mentioned Mr.Zhao (the judge).What he has said, why not ask him to come here.
Husband: At first, in front of you, I just……
...(quarrelling)
Husband: Only get several thousand yuan, how to raise the kid;it would cost you how much when he is in high school one semester? So, why don’t you think this way?
Wife: You can say that in the court, I should get how much alimony and the allowance for the kid, it would be judged by the court.
Husband: You know that.You know what you have done.I don’t want to judge you, because you get a clear understanding of what you have done.
Wife: Anyway, I do nothing illegal.
Husband: All right, I didn’t say you do something illegal.
Wife: It is free marriage now, whatever; I didn’t do anything against the law.
Husband: All right, I know what you mean.
Wife: Why you mention that again? We all know what ourselves have done.What you think I have done?
Husband: Grant that you give nothing, I don’t care either.
...(quarrelling)
Husband: You just want to quarrel with me.
Wife: Why I have to quarrel with you?
Husband: It is all your faults.
Wife: We all get the evidences.
Husband: Well, I know what evidence will support me.
Wife: You always mention about the judge, and the judge is not as stupid as you think.
Husband: Suppose that the judge doesn’t know that and you don’t agree either, I still don’t want to argue with you.It is you that always mention the judge, not me; I don’t want to quarrel with you.
Host: Nonsense, it deosn’t mean anything.
Husband’s mother: We should have a trial now, trial on the 18th of January.She complains that she has no job.That’s all nonsense.I also have much to complain, but I let it pass.Forget it.Cry can’t solve the problem.If it can solve the problem, I also can cry.You cry just for earning other’s sympathy.This is your trick; you play the trick long in our home.
Host: Wenqiang, do you have enough money for the alimony she demands? Just tell us, thus we don’t have to waste time on this issue.
Wife: He comes to my home.
Host: Money, you can’t get.You ought to think this way.
Wife: As he like.I cry.In that family, I was crying for nothing.But if I cry, I can get some money to protect myself.
Host: Just tell us how much.
Wife: No less than 6 thousand yuan.
Host: Ok? Wenqiang.
...(quarreling)
Host: Oh, just tell you to protect yourself.
Wife: None of my business.
Host: What do you mean of none of your business? Listen to me,save the trouble.
Wife: Oh, I will add more 2000 yuan soon.
Host: We can get anything from that, the key is your guys,don’t do any over reactive.
Wife: I don’t care what he would do.
Host: Just consider it more.
Wife: He always comes to my house and do something whatever he likes, and I never come to his house and do anything wrong.
Host: Let it go.Wenqiang, just fix it.
Wife: I know where he burnt the incense, it is that temple.
Host: There isn’t anything to do with burning incense.You must be crazy.And possible you would do whatever crazier as you like.
Wife: He is thinking so crazy, and I am not crazy.I am just a human being, all are...
Host: It can’t be in this way.
…(quarrelling)
Wife: No, we shall meet on the court, Oct 27th! On the court!
Host: Don’t care too much about that, you can earn it yourself.2000 yuan!
Wife: My luck’s so bad, this year.
Host: Take that money and your fortune will change, trust me.
Wife: No!
Host: It all depends on you, Wenqiang.
…(quarrelling)
Host: Wenqiang, 2000 yuan, for you, is only…(a piece of cake).You are a driver (a decent job), and able to pay that sum.Once it is finished, you can devote into your business.This affair is a distraction for you, so you can’t work attentively.You bear the huge lost.Isn’t it, Wenqiang?This is not yet finished yet, so you can not focus on your job.
…(quarrelling)
Husband’s mother: He has been driving for 2 years.It came from the job agency, ask his wife.The job was introduced by the agency, Wenqiang doesn’t conceal anything.
Host: (answering the phone) Wenqiang still persists.She reduced 1000 already.You speak to him.Come, you speak to the judge.
Husband: I didn’t even ask her for the allowance for the child…
Husband’ mother: If she pays the kid’s allowance, I’m willing to pay her 7000.
Host: You listen to me, it may not be in accordance with the law.But I think for the future, it is that you “buy”a peaceful life, in case you will have disputes later on.
Wife: It’s not about that.
Host: It’s not right that you quarrel like this.Really, inside the county, anything might happen.It is not her alone that will be the victim, but you as well.It’s not right.
Wife: It doesn’t matter.
Host 1: It really matters.
Host 3: Look, the mediation doesn’t work, we have to resort to arbitration.It doesn’t matter who raise the child.Personally, I would rather pay a little more and leave the kid to her.I can’t live with the kid, I’ve got no money.I lost my dignity in my family.That’s it.I can do nothing to her.
Host 2: I still hope that you consider your child.Listen, safety is the most important especially when driving.You can’t be distracted while driving.
Husband: I’m listening…
Host: Isn’t it important?
Husband’s mother: I told him long ago, to earn the money.
Host: With such a problem remaining in his mind, he is dangerous in driving.
Husband’s mother: He seems not care while working, but I worry about him…
Husband: Why not do it like this: Look, I am really short of money, the money is my mum’s, see? You persuade my mum and that’ll be ok.Or you can talk to my mum.
Husband’s mother: Hello, judge.Ah, yes, I am making the compromise (offering more money).Hey, but she persists.I promised to give her 4000 yuan.My son, Wenqiang, did earn some money, but all spent on them two.We had no deposit at home.The 4000 I had promised is now difficult for us.We may have to sell the pigs to collect the money for her.As for the kid, since she asks so much money from him, my opinion is this: if she doesn’t raise the child, she shall pay us some allowance for the kid, more or less…When? Last year you did the mediation on the court.2000 yuan.I am here, about this 5000 yuan, I explain to you.En, this 5000 is not the 5000 I promised to you.She came to my house on the first day of this (lunar) year.We had gone to memorize the dead relatives.She came into the room and packed her quilt, a big package! They were still in the house while she laid the package on her back,and fled.She was then on the way home.Wenqiang came to us to inform and his father left in the house.He told us her action and reminded us to check whether she also took ours.So we came back, and stopped her on the way.She said the quilt was hers.And I replied, “It’s yours, but the divorce hasn’t been managed yet, you can’t take it.If you take it away, you call a witness to come here.”She refused and Wenqiang was forced to phone the head officer of the county.The head officer said they were still husband and wife as the divorce not managed, so she couldn’t take the quilt.But she insisted to take, she insisted.At last we allowed her to do so so long as the head officer could be a witness.Then she had lunch in my house.She didn’t leave and brought back (the quilt).Then, the officer of our productive group talked with her alone in the room, and we were not present.He asked Yang Guifang whether she would like a reunion or divorce.Yang said divorce.He asked the sum of alimony she wanted.She said 5000 yuan.So the officer came to me and said she needed 5000.Therefore, I said: 5000, we shall get her that sum at once.But she refused and that was postponed.After that, once she came again.Ah, just like this, not settle down, and she left.Not even a phone call! She said nothing since then.That’s all about this situation.The sum “5000”was decided by her.She said it on the day when you called the officer to the Mituo County Court.Then you came and the clerk in the office wrote it down as a record.The officer also said so.He remembered it, precisely.If (you want to manage it) today, the maximum is 5000.If the amount exceeds (5000), I shall not pay a penny and wait for the arbitration on the court.Even if it is agreed, when I go back I need to (collect money)… because we have to raise the kid.And I don’t ask her for allowance foe the kid.If she insists on the 1000 yuan, we shall be waiting for the final judgment in normal legal procedures.That is all my words.No, no more.That is my final decision, final.Hey, I am addressing you.
Host: Oh, OK.
Husband: If that proposal is fine, I’ll go to borrow the money.I only bought 1000 yuan with me.
Host: Hey, wait, till we make it clear.My suggestion is this:1000 yuan is (not enough)… or you give her 5000 yuan.And after divorce the rest 1000 yuan can be paid on installments.Later…
Husband: No, I’ll wait for the arbitration in the court.
Host: (1000 yuan) paid in one year, all right?
Husband’s mother: That (what I said) is the top I could offer.
Host: You have a whole year.
Husband’s mother: If you were me, to raise the child will need so much money.
…(quarrelling)
Host: Please, now the gap is so small, only 1000 yuan.We make a date and everything will be fine.
Husband’s mother: We shall meet on the court.
Host: Don’t rush.At least let’s make it clear before you leave.
Husband’s mother: He will decide the date.Let’s move, son.
…(quarrelling)