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In principle, maintenance after the divorce of the parents is generally paid until the child reaches the age of 18. If the child is over 16 years old but under 18 years old, and the child's labor income is his main livelihood** and he can maintain the general living standard of the local area, the parents may also stop paying child support. However, in special cases, even if the child reaches adulthood, if the parents can afford it, they still have to pay for their child support.
Legal basis] According to Article 12 of the "Supreme People's Court, Several Specific Opinions on the People's Court's Trial of Divorce Cases and Handling of Child Support Issues", adult children who have not yet lived independently shall still bear the necessary child support expenses under any of the following circumstances, and their parents have the ability to pay:
1) Unable to work or not completely incapacitated, but their income is not enough to support their livelihood;
2) Those who are still in school;
3) There is no ability and conditions for independent living.
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Legal Analysis: After divorce, child support should be paid until the child reaches the age of 18, and the child support includes the child's living expenses, education expenses, medical expenses and other expenses. If the child has reached the age of 16 but is under the age of 18, and the child is mainly dependent on his or her labor income** and is able to maintain the general standard of living in the locality, the parents may stop paying child support.
Legal basis: Article 1076 of the Civil Code of the People's Republic of China Where a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority. 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 gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been 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.
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Legal analysis: The payment period of child support is inflated, generally until the child reaches the age of 18. Parents who are over 16 years old but under 18 years of age, whose main livelihood is their labor income**, and who are able to maintain the general living standard of the locality, may stop paying child support expenses.
Legal basis: Article 1085 of the Civil Code of the People's Republic of China After divorce, if the 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 request to either parent for more than the amount originally set forth in the agreement or judgment when it is purely necessary.
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Hello! For alimony to when it is given, alimony includes living, education, etc. After the divorce, if one party raises the children of the tenant, the other party shall bear part or all of the necessary living expenses and education expenses, 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.
The amount of alimony is based on the income of the other party. 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.
If there is no regular income, the amount of child support may be based on the income of the current year or the average annual income of the same industry.
Interim Measures for Workers' Retirement and Retirement (1) Men who have reached the age of 60 and women who have reached the age of 50 and have worked continuously for 10 years; (2) Men who are at least 55 years old and women who are at least 45 years old, and who have worked continuously for 10 years or more, are engaged in underground, high-altitude, high-temperature, particularly heavy physical labor, or other work harmful to physical health; (3) Men who have reached the age of 50 and women who have reached the age of 45 and who have worked continuously for 10 years or more, as certified by the hospital and confirmed by the labor appraisal committee, shall be allowed to retire if they have completely lost their ability to work. Article 37 of the Marriage Law: After a 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 judgment concerning the maintenance and education expenses of a child shall not prevent the child from making reasonable demands on either parent, if necessary, in excess of the amount originally set out in the agreement or judgment.
Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts", Article 21 of the Marriage Law of the People's Republic of China.
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Legal analysis: Generally, maintenance should be paid until the child reaches the age of 18, but if the child is over 16 years old but under 18 years old, and his or her labor income is the main living standard, and he has been able to maintain the general living standard of the local area, the parents can stop paying child support.
Legal basis: Article 53 of the Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1) The period for payment of child support is generally until the child reaches the age of 18. Parents who are over 16 years old but under 18 years old, whose main livelihood is their labor income, and who are able to maintain the general standard of living in the locality, may stop paying child support.
1. If the birth behavior of the party occurs in his current place of residence, the family planning administrative department of the people's ** at the county level of the current place of residence shall make a decision on expropriation in accordance with the collection standards of the current place of residence; 2. If the birth behavior of the parties occurs in the place of their household registration, the people's family planning administrative department at the county level where the household registration is located shall make a decision on expropriation in accordance with the collection standards of the place of household registration; 3. When the person's birth behavior occurs, the county-level people's ** family planning administrative department at the place of his current residence or household registration is discovered at the end, and then the county-level people's ** family planning administrative department that first discovers his childbearing behavior shall make a collection decision in accordance with the local collection standards. Where a party has already been levied social maintenance fees in one place, social maintenance fees are not levied again in another place for the same facts.
1. What is the new policy on social maintenance fees?
If the social maintenance fee is calculated according to the fact that both husband and wife in the provincial capital city have an urban household registration and have more than one child, and the husband and wife are calculated separately, after the collection standard is unified, many provinces will drop significantly. For example, in Beijing, the annual per capita disposable income of urban residents in 2013 was 40,321 yuan, and the current levy standard is 3 to 10 times, and the husband and wife will be levied at a minimum of 10,000 yuan and up to 10,000 yuan, and if the actual income is higher than the average level, it will be levied at 3 to 10 times the actual income as the base. According to the unified standard, the maximum levy amount shall not exceed 10,000 yuan. >>>More
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. >>>More
Hello, mine below;
1. According to the provisions of the Marriage Law, both husband and wife have the obligation and responsibility to raise children regardless of whether they are divorced, during marriage or separated. >>>More
Civil Complaint.
Plaintiff: Female, born on October 2, 1995, Han nationality, from the city, living in the unit number of the residential area of the city district. >>>More