How to pay alimony if the other party does not have a job

Today, I will talk to you about how to deal with the problem of no work support? The amount of maintenance should be determined on the basis of the actual needs of the child, the affordability of the parents and the actual standard of living in the locality. In terms of the amount of child support, the standard of payment for the party who does not directly support is generally 20%-30% of the total monthly income if there is a fixed income; The burden of child support for two or more children generally does not exceed 50% of the gross monthly income.

If there is no fixed income, the amount of maintenance may be determined according to the total income of the year or the average income of the same industry, with reference to the above proportions. Of course, if there are special circumstances, the proportion of the payment can be appropriately adjusted, and if one party has no financial income or his whereabouts are unknown, he or she can use the property to offset the child support, for example, a part of the joint property of the husband and wife can be divided as a guarantee for the maintenance of the child**. Legal basis:

Article 9 of the Supreme People's Court's Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts provides that if one party has no economic income or his whereabouts are unknown, his or her property may be used to offset child support expenses.

As we all know, parents have an obligation to raise and educate their children. Even in the event of a divorce, the parent who does not live with the child is obligated to pay child support.

So, how much alimony should be given to the parent who does not have a job and needs to pay child support?

The Marriage Act stipulates that the payment of maintenance is based on the actual needs of the child, the affordability of both parents and the actual standard of living in the locality. For those who do not have a regular income, the amount of child support may be based on 20 to 30 per cent of the total income of the year or the average income of the same industry. 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.

Where there are special circumstances, the proportion of appeals may be appropriately increased or decreased. In practice, the judge will take into account the actual living needs of the child, affordability, etc., and will not take the proportion of 20-30% as the sole criterion for the judgment, and for those who do not have a job, they should check whether they have other income, and if they do not have any income, they will also bear a few hundred yuan in child support, which is reasonable, after all, the interests of the child come first.

According to the relevant provisions of the Supreme People's Court's "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts":

When hearing divorce cases, people's courts shall follow articles 29 and 30 of the "Marriage Law of the People's Republic of China" and relevant legal provisions to properly resolve the issue of child support, proceeding from the interests of the children's physical and mental health, protecting the children's lawful rights and interests, and taking into account the specific circumstances of both parents, such as their ability to raise and their conditions for support. On the basis of the above principles, combined with trial practice, the following specific opinions are put forward:

7. The amount of child support may be determined according to the actual needs of the children, the affordability of both parents and the actual living standards 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.

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.

8. The childcare fee should be paid regularly, and it can be paid in a lump sum if conditions permit.

9. If one party has no economic income or his whereabouts are unknown, his or her property may be used to offset the child's custody expenses.

Therefore, if one party has no economic income or whose whereabouts are unknown, his or her property may be used to offset the child's maintenance expenses.

Legal Analysis: The amount of alimony should be determined on the basis of the actual needs of the child, the affordability of the parents and the actual local standard of living. In terms of the amount of child support, the standard of payment for the party who does not directly support is generally 20%-30% of the total monthly income if there is a fixed income; The burden of child support for two or more children generally does not exceed 50% of the gross monthly income.

Legal basis: Article 1085 of the Civil Code of the People's Republic of China After divorce, if a blind child is directly raised by one party, the other party shall bear part or all of the child support. The length of the period 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 request to either parent for a banquet in excess of the original amount set in the agreement or judgment when necessary.

If you do not have a job, there are two ways to pay child support: 1. You can use your property to offset it; 2. If both parties agree through negotiation, they can owe it first and pay it when they have income. The obligation of parents to support, educate and protect their minor children is a legal obligation, and the absence of a job does not exempt them from the obligation to pay child support.

According to Article 1085 of the Civil Code of the People's Republic of China, if a child is 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 fails, 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 51 of the Interpretation (1) of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family stipulates that if one of the parents has no economic income or his whereabouts are unknown, his or her property may be used to offset the maintenance expenses.

Article 1085 of the Civil Code of the People's Republic of China: Where 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 fee base 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 9 of the Supreme People's Court's Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts provides that if one party has no economic income or his whereabouts are unknown, his or her property may be used to offset child support expenses.

There is no standard for the payment of work support, which is as follows:

1. If one party has no work income, he or she can use his or her personal property to offset the child's support;

2. Maintenance should be paid on a regular basis, and can be paid in a lump sum if conditions permit. The amount of child support 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. With thoughts.

Who owns the custody of the children after the divorce of the couple.

1. Children under the age of two generally live with their mothers;

2. If the two parties are over 8 years old and have a dispute over the ownership of custody, the opinions of the child shall be considered;

3. For children over the age of two and under the age of eight, it is mainly based on the support of both parties, the economic situation, and the situation of the elderly on both sides to help raise the stupid and poor.

Legal basis:Article 1084 of the Civil Code of the People's Republic of China.

The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother. After divorce, parents still have the right and obligation to raise, educate and protect their children.

In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.