How to write child support in a divorce settlement

In the divorce agreement, the child support shall be specified by the husband and the woman shall pay the woman and the man on a monthly, quarterly or regular basis from X/X/X/X, and then the amount of living expenses, education expenses, medical expenses, and the specific time and method of payment of child support may be specified.

[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 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.

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

The issue of child support in the divorce agreement is nothing more than custody, child support, and visitation rights. So let's take a look at how to make an agreement. From this point of view, I am speaking from the side of the direct support of the house.

1. Custody.

This is relatively simple, write down the date of birth of the child, how old it is, and agree on who will raise it.

2. Child support.

The first is the amount of child support and the period of payment.

The legal support is until the age of 18, but the agreed divorce will generally take into account that the child is still unable to live independently in college, and it can also be written for a longer time, such as until the age of 23, or until the completion of the bachelor's degree.

Then there is the payment method and date. Since it is an agreement, the two parties can negotiate it, generally one month to pay, if not directly raising the child one agrees, it can also be paid once a year, or even a lump sum, this can be agreed according to their own situation.

The following point is even more important, that is, the agreement on the cost of education and medical expenses. Now the child's living expenses are a trivial matter, and the bulk is the cost of the training course and the medical fee, I suggest that we try to make another agreement on this, for example, you can agree that the cost of the training class will bear half of the cost, and the medical expenses will exceed 1,000 yuan, and both parties will bear half of it.

If there is a concern that the other party will delay or fail to pay child support, a liability for breach of contract can also be added. For example, it may be agreed that liquidated damages of several thousandths will be incurred for each day of late payment.

3. Visitation rights.

Regarding visitation rights, I think that the number of visits per month should not be too much, if the visits are too frequent, it will cause a lot of inconvenience to both parties and will affect the normal life and study of the child.

I suggest that you have the right to visit twice a month, and you can agree to visit your child on a weekly or bi-weekly weekend, for example, you can agree to pick up your child at 9 a.m. on a single Saturday of each month, and return your child by 7 p.m. the next Sunday.

I usually suggest that the parties agree that after the child is 10 years old, the specific time and method of visitation need to listen to the child's opinions and respect the child's opinions. This can be cut according to your actual situation.

In order to avoid this situation, it is best to stipulate in the divorce agreement that if one party does not cooperate with the exercise of visitation rights, the other party can be held liable for breach of contract and agree on the amount of breach of contract.

Legal analysis: The amount of child support can be determined according to the actual needs of the child, the affordability of both parents and the actual living standard of the locality. For those with a regular income, child support payments can generally be paid at the rate of 20 to 30 per cent of their total monthly income.

Where two or more children are responsible for raising expenses, the proportion may be appropriately increased, but generally must not exceed 50 percent of the total monthly income.

Legal basis: Article 7 of the "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts" 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 local standard of living. For those with a regular income, child support payments can generally be paid at the rate of 20 to 30 per cent of their total monthly income.

Where two or more children are paid for child support, the proportion may be appropriately increased, but generally more than 50% of the total monthly income will be paid for in the course of their age. If there is no fixed income, the amount of child support 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 proportion described in the previous draft. If there are special circumstances, the above proportion may be appropriately increased or decreased.

Legal Analysis: Parents have an obligation to raise and educate their children, and this obligation is not eliminated by divorce. If one party is raising children, the two parties may negotiate or file a lawsuit to determine the amount and duration of the other party's child support.

Maintenance is generally paid at the rate of 20 to 30 per cent of the gross monthly income. Where two or more children are to be paid, the proportion may be appropriately increased, but generally must not exceed 50/100 of the total monthly income.

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

Article 1076:Where a husband and wife call for a voluntary divorce, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Article 1085:After divorce, where children are 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.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

In the case of child support, because raising the child is a shared responsibility of both parties, you can first calculate the child's current school and living expenses to determine the monthly living expenses.

If it is not convenient to calculate, you can indicate in the agreement that the expenses for the child's living in the future will be directly opened in half of the car.