Does child support legally cover medical and educational expenses?

Contain. 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.

According to Article 37 of the Marriage Law, after divorce, the other party shall bear part or all of the necessary living expenses and education expenses for the children raised by one party, and the amount of the expenses and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. An agreement or judgement concerning the maintenance and education of the child shall not prevent the child from making a reasonable demand to either parent, if necessary, in excess of the amount originally agreed upon in the agreement or judgment.

The Marriage Law stipulates: In 2020, what expenses are included in alimony in the event of divorce?

Article 21 of the Judicial Interpretation I of the Marriage Law of the People's Republic of China 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.

"Child support", as the name suggests, is a necessary expense for the healthy growth of minors, which includes daily living expenses, education expenses, medical expenses, etc. Article 37 of the Marriage Law stipulates that after divorce, one party shall raise the children, and the other party shall bear part or all of the necessary living expenses and education expenses.

The Marriage Law makes such a provision on the basis that after the divorce of the husband and wife, the children are still the children of both parents, regardless of whether they live with the father or the mother, and the relationship between the parents and children does not change due to the divorce of the husband and wife.

However, how to define the time for the parent who does not directly raise the child to pay the child's living expenses, education expenses, and medical expenses? The Interpretation of the Supreme People's Court No. 30 of the 21st Year of the Supreme People's Court stipulates as follows: The "children who cannot live independently" referred to in Article 21, Paragraph 2 of the Marriage Law refer to "adult children who are still in school and receiving education at or below high school" and "adult children who have lost or have not completely lost their ability to work and are unable to maintain a normal life due to non-subjective reasons."

If the parties who do not directly raise the children may determine the specific amount of child support to be paid by the two parties through consultation, and if the negotiation fails, the people's court shall point out in accordance with the "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by the People's Courts" issued by the Supreme People's Court on November 3, 1993: The amount of child support may 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, and if there is a fixed income, the amount of child support may generally be 20 to 30 of the total monthly income The proportion of the payment can be appropriately increased for the burden of two children, but the maximum is generally not more than 50% of the total monthly income. If there is no fixed income, it can be calculated according to the total income of the current year or the average income of the same industry according to the previous ratio.

Time of payment of child support: 1. If the child is a minor, the child reaches adulthood. If the child has reached the age of 16 and is under the age of 18, and the child is the main source of his or her own labor income, he or she can be paid until the age of 16; 2. Those who are in school will be paid until they graduate from high school.

Child support refers to the expenses required for the child's upbringing, including medical and educational expenses.

The cost of child support should include medical and educational expenses! However, if it is a special circumstance, such as a child's serious illness, going to university, etc., the parent encounters difficulties, and the child can also request payment from the other party in his own name!

Hello! The questions addressed to you are as follows:

Child support includes medical expenses, education expenses, and living expenses.

Pay alimony between 20 and 30 per month.

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Child support includes medical and educational expenses, as well as living expenses.

Legal analysis: including children's living expenses, education expenses, medical expenses and other expenses. It is the legal obligation of parents to ensure that school-age children and adolescents attend school and complete compulsory education on time.

Legal basis: Article 42 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Cong Xian Court Compilation (1) stipulates that the "child support" referred to in Article 1067 of the Civil Code includes children's living expenses, education expenses, medical expenses and other expenses. Article 1067 of the Civil Code of the People's Republic of China stipulates that if parents fail to perform their obligation to support them, minor children or adult children who cannot live independently have the right to demand that their parents pay child support.

Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.

Legal analysis: In the judgment of the court hearing the divorce case, the judgment on alimony also includes living expenses, education expenses and early imitation medical expenses.

Legal basis: Civil Code of the People's Republic of China

Article 1067:Where parents do not perform their obligation to support them, minor children or adult children who are unable to live independently have the right to demand that their parents pay child support. Parents who fail to fulfill their obligation to support their adult children, who lack the ability to work or who have difficulties in living, have the right to demand that their adult children pay alimony.

Article 1068: Parents have the right and duty to educate and protect their children who have not yet reached adulthood. Where minor children cause harm to others, parents shall bear civil liability in accordance with law.

Alimony includes education and childcare expenses and medical treatment, as stated in Article 21 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (1) and the Civil Code"Alimony", including children's living expenses, education expenses, medical expenses and other expenses.

Legal basis: Article 1085 of the Civil Code: Burden of child support after divorce If the children are directly raised by one party after divorce, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

Child support includes education and medical expenses. According to the provisions of the judicial interpretation, child support includes children's living expenses, education expenses, medical expenses and other expenses. The amount of maintenance may be determined on the basis of the actual needs of the child, the affordability of both parents and the actual standard of living in the locality.

1. What is included in the child support in the divorce agreement?

The child support fee in the divorce agreement will be increased to include the child's living expenses, education expenses, medical expenses and other expenses. The amount of maintenance may be determined on the basis of the actual needs of the child, the affordability of both parents and the actual standard of living in the locality. After the divorce, if the children are directly raised by one party, the other party shall bear part or all of the child support.

2. What are the provisions for child support in the event of divorce?

The amount of child support at the time of divorce is determined according to the actual needs of the child, the affordability of both parents and the actual standard of living in the locality. For those who have a fixed income, maintenance can generally be paid at the rate of 20 to 30 percent of their total monthly income, mainly including children's living expenses, education expenses, medical expenses, and other expenses.

3. How to calculate child support.

Issues such as the amount and payment method of child support shall be handled by agreement between the two parties, and if the agreement is not reached, the court shall make a judgment. The law stipulates that child support includes expenses such as child living expenses, education expenses, medical expenses, etc. The amount of maintenance may be determined on the basis of the actual needs of the child, the affordability of both parents and the actual standard of living in the locality.

If one of the parents has no financial income or his whereabouts are unknown, his or her property may be used to offset the maintenance expenses.

Article 42 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section.

"Child support" as used in Article 1067 of the Civil Code includes expenses such as children's living expenses, education expenses, and medical expenses.

Article 49.

The amount of maintenance may be determined on the basis of the actual needs of the child, the affordability of both parents and the actual standard of living in 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.

Legal analysis: child support generally includes children's education expenses, medical expenses and living expenses, when determining the amount of child support, the two parties can negotiate in advance, if they can reach a consensus, they can be determined according to the results of the negotiation between the two parties. If the parties cannot reach an agreement on the issue of child support, the court will make a comprehensive determination based on factors such as the actual needs of the children, the affordability of both parties and the actual living standards in the local area.

Legal basis: Article 1085 of the Civil Code of the People's Republic of China provides that if a child is directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.