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法院判决上海一男子每月支付给非婚生女儿2万元抚养费,妻子以侵犯其夫妻共同财产权为名起诉丈夫及前女友,要求法院撤销判决。一审法院支持其请求,撤销了原判决。该男子前女友不服,以非婚生女儿之名上诉至法院,认为原判决没有错误,要求履行。二审法院支持其上诉请求,判决撤销一审法院的撤销判决,按原判决履行。两级法院就此案作出相反的判决,依据是什么?2016年7月,最高人民法院依此案首次就夫妻一方对非婚内子女抚养义务与夫妻共同财产权的平衡问题进行了规制。
The court ruled that a man in Shanghai paid a monthly maintenance allowance of 20,000 yuan to his illegitimate daughter. His wife sued her husband and ex-girlfriend in the name of infringing on the common property rights of her husband and wife and demanded that the court withdraw the judgment. The court of first instance upheld its request and dismissed the original verdict. The man was not satisfied with his ex. Girlfriend, appealing to the court in the name of the illegitimate daughter, believing that the original verdict was correct and required fulfillment. The court of second instance upheld its appeal appeal and decided to revoke the verdict of the court of first instance, according to the original verdict. In July 2016, according to the case, the Supreme People’s Court, for the first time, regulated the balance of the obligation of raising children in a wedlock and the common property rights of husband and wife in July 2016.