Do I need to pay child support during the separation?

Parents have an obligation to raise and educate their children. In the case of a child raised by one party, the other parent shall be responsible for part or all of the necessary maintenance. Children who are minors or who are unable to live independently have the right to demand maintenance from their parents when their parents do not fulfill their maintenance obligations.

Interpretation 3 of China's Marriage Law clearly stipulates that if both parents or one of the parents refuse to perform the obligation to raise the child during the existence of the marital relationship, and the minor or incapable child requests the payment of child support, the people's court shall support it. It can be seen from this that it is the legal obligation of parents to raise their minor children, and the law does not stipulate that divorce is a precondition for claiming child support. Therefore, even if the spouses do not divorce, one of the spouses may claim maintenance from either parent who has not fulfilled the maintenance obligation in the name of the minor child.

Legal basis: Article 21 of the Marriage Law of the People's Republic of China Parents have the obligation to raise and educate their children; Children have an obligation to support their parents. If the parents fail to fulfill the obligation to support them, the child who is a minor or who is unable to live independently has the right to demand maintenance from the parents.

Article 3 of the Supreme People's Court's Interpretation (III) on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China provides that if both parents or one of the parents refuses to perform their obligation to raise their children during the existence of a marital relationship, and the minor or incapable children request payment of child support, the people's court shall support it.

It is difficult to confirm who raised you during the period of separation, and it is difficult to confirm whether maintenance was paid, and besides, you did not dissolve your marriage at all, so it is difficult to determine the possibility of paying child support.

Maintenance is also due during the period of separation, and it is a joint obligation of both parents to raise a grandchild, even if they are separated, and it is paid by the parent who does not directly support them. Maintenance is 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.

[Legal basis].

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

The amount of child support allowance may be determined on the basis of the actual needs of the child, the affordability of both parents and the actual living standard of the pre-clan 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.

For those who bear the cost of raising two or more children, the proportion may be appropriately increased, but generally not more than 50 percent of the total monthly income.

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 above proportions.

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

Legal analysis: After the amount of alimony is determined, it can be paid in a lump sum, at regular intervals and in kind. Regular payments are generally made monthly, quarterly or annually, and in kind are often applied to the unaccounted party. Until the child reaches the age of 18.

Legal basis: "Several Specific Opinions of the Supreme People's Court on the People's Court's Trial of Divorce Cases and Handling of Child Support Issues" Article 7: 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 responsible for raising trouble, 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 child support may be determined according to the total income of the current year, or the average income of the same industry in the same industry. If there are special circumstances, the above proportion may be appropriately increased or decreased.

01 Marital child support During the period when the relationship between the husband and wife exists but both parties are separated, the living expenses, education expenses and medical expenses of the minor children are paid. According to Article 3 of the Interpretation (III) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (Fa Shi [2011] No. 18), marriage.

02 The subject of the claim for child support during the marriage is the child who is a minor or cannot live independently, not the parent who directly raises the child, and the father or mother can only participate in the lawsuit as the legal ** person of the child. A child who is unable to live independently refers to a child who is still in school and has received education at or below high school, or has lost or has not completed it.

03Prerequisites The prerequisite for requesting payment of marital child support is that "both parents or one of the parents refuse to fulfill their obligation to support the child", including the non-payment of child support or the payment of child support does not meet the basic requirements of the child.

During the period of separation, which is the duration of the marriage, maintenance is paid out of the joint property of the husband and wife.

Legal basis] Article 21 of China's Marriage Law stipulates that parents have the obligation to raise and educate their children; Children have an obligation to support their parents. If the parents fail to fulfill their maintenance obligations, the child who is not aware of the separation of adults or who is unable to live independently has the right to demand that the parents pay maintenance support.