How is child support calculated out of wedlock?

Hello: According to the latest judicial interpretation of China, children born out of wedlock enjoy the same rights as children born out of wedlock, that is, when dealing with the issue of child support for children born out of wedlock, Chinese courts should settle the issue in accordance with the settlement of the issue of child support for divorce.

Article 25 of the Marriage Law provides that children born out of wedlock enjoy the same rights as legitimate children, and no one may harm or discriminate against them. A biological father or mother who does not directly raise a child born out of wedlock shall bear the child's living and education expenses until the child is able to live independently.

1. How to determine the amount of child support.

The amount of child support takes into account the following three aspects: the actual needs of the child; affordability of both parents; The actual standard of living in the local area. After the divorce, the parent who does not live with the children is divided according to the income status:

For those with a fixed income, the amount of child support allowance can generally be 20%-30% of their total monthly income. Where two or more children are raised, the proportion may be appropriately increased, but generally must not exceed 50% of the monthly income.

The "gross monthly income" here refers to the total salary, including salary, bonuses, etc. An investigation may be made by applying for a court investigation order. If there is no fixed income, the amount of child support may be determined by reference to the income of the current year or the average annual income of the same industry.

Generally, the average annual income and average annual living expenses are determined by referring to the "Reference Standards for Road Traffic Accident Compensation Items". If there are special circumstances, such as a child suffering from a serious illness for a long time, or a child with a disability, it may be appropriately increased.

2. What are the expenses included in child support?

Article 21 of Judicial Interpretation I of the Marriage Law is referred to in Article 21 of the Marriage Law"Alimony", including children's living expenses, education expenses, medical expenses and other expenses. The education expenses of those who are still in school and receiving education at the high school level or below should be borne by them, but because they attend private schools with more expensive fees, the school choice fees paid by aristocratic schools, or the sponsorship fees incurred due to insufficient test scores, should not be considered maintenance fees. If a child is enrolled in school without the consent of both parents, the parent who does not agree may not pay the fee, and the consenting parent may pay the fee.

The expenses for child support are limited to the extent necessary, and the expenses for the purchase of computers and mobile phones, travel expenses, and commercial insurance expenses for the children have no legal basis, and the parents may refuse to pay these expenses. The medical expenses of the child's serious illness and terminal illness are limited to the amount that can be reimbursed by the social medical insurance, such as the cost of kidney replacement due to kidney failure, the cost of bone marrow transplantation for the child suffering from leukemia, etc., are not included in the list of child support, and the parents only have the moral responsibility to bear the expenses, but there is no legal obligation to bear the expenses.

Calculating Child Support for Children Born Out of Wedlock:

1. It is determined according to the actual needs of the children, the affordability of both parents and the actual living standard of the locality;

2. For those who have a fixed income, the maintenance fee shall be paid at the rate of 20% to 30% of the total monthly income;

3. If there is no fixed income, it shall be determined according to the total income of the current year or the average income of the same industry, with reference to the above proportion;

4. If there are special circumstances, the above proportion may be appropriately increased or decreased.

[Legal basis].

Article 49 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China.

The amount of alimony can be determined on the basis of the actual needs of the children, the affordability of both parents and the actual living standards of the locality.

For those with a fixed income, maintenance can generally be paid at the rate of 20 to 30 percent of their total monthly income. Where two or more child support expenses are paid, the proportion may be appropriately increased, but generally must not exceed 50 percent of the total monthly income.

If there is no fixed income, the amount of maintenance may be determined on the basis of the total income of the year or the average income of the same industry, with reference to the above proportions.

Where there are special circumstances, the above proportion may be appropriately increased or decreased.

This is the same as a child born in a normal marriage.

That's 20 to 40 percent of normal income.

Let's be actively responsible for your children.