How to calculate child support for a divorce while breastfeeding

The maintenance of a child in a lactating divorce is generally 20% to 30% of the couple's gross monthly income until the child reaches the age of 18. 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 provisions: Article 37 of the Marriage Law.

After the divorce, one party raises the children, and the other party should bear part or all of the necessary living expenses and education expenses.

Article 7 of the Supreme People's Court's "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 child, the affordability of both parents and the actual standard of living in 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.

Article 37 of the Marriage Law stipulates: "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. "Divorce alimony during lactation is generally 20%-30% of the other party's salary, and it is calculated until the child reaches the age of 18.

If the child has a serious illness and goes to school, you can ask for additional payment.

Article 7 of the Supreme People's Court's Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts stipulates that: "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. ”

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. ”

Divorce and maintenance of children during lactation.

1. The Marriage Law of the People's Republic of China stipulates: "After divorce, the child who is breastfeeding shall be raised by the breastfeeding mother in principle. Babies up to one year of age are considered to be breastfeeding. ”

2. The "Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by the People's Courts" stipulates that children under the age of two generally live with their mothers. If the mother has any of the following circumstances, she may live with the father:

1) Suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them;

2) There are conditions for raising children who do not fulfill their obligation to support them, and the father requires the child to live with him;

3) The child is unable to live with the mother due to other reasons.

3. Where both parents agree that a child under the age of two years will live with the father and that there is no adverse impact on the healthy growth of the child, it may be permitted.

Lactation is already the case, alimony should be as normal as it is and all are the same, and there is no difference.

Hello this friend, it is very rare to get divorced in this case, but if there are special circumstances, once the divorce is made, then the alimony will increase.

How to calculate child support for divorce in Urumqi, I think the child who divorces during lactation should be the mother. Continue to raise him. Child support is paid by the father.

Divorce is generally not granted during breastfeeding, and if divorced, the child is with the mother. The amount of alimony depends on the circumstances of both parties.

If you divorce while breastfeeding, should you still judge how much alimony should be given according to the local standard of living?

If you divorce while breastfeeding, the man must bear part of the child support, and the woman will bear part of it.

There is no specific standard for this issue of child support, and it is up to you to negotiate and resolve it yourself.

Legal analysis: According to the divorce agreement, the woman should move out of the household registration after completing the divorce agreement formalities for a period of time. For child support, it is generally possible to agree that child support will be paid until the child reaches the age of 18 or until the child lives independently.

The amount of child support takes into account the following three aspects: the actual needs of the child; affordability of both parents; The actual standard of living in the local area. According to the income status, it is divided into:

For those with a regular income, the amount of maintenance can generally be 20%-30% of their gross 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 fixed income, the amount of maintenance may be determined by reference to the income of the current year or the average annual income of the same industry.

If there are special circumstances, such as a child suffering from a serious illness for a long time, or a child with a disability, it may be appropriately increased.

Legal basis: Article 1085 of the Civil Code of the People's Republic of China Article 1085 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 demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

The standard of child support for a divorced child during the lactation period can be determined by both parties through negotiation, and if the negotiation fails, they can go to the court to sue for a judgment. Generally speaking, for those who have a fixed income, maintenance can generally be paid at the rate of 20% to 30% of their total monthly income; In the case of a fixed income without solid jeans, 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.

Breastfeeding children are generally raised by their mothers. According to the provisions of the Marriage Law and Article 36 of the Confession, after divorce, the children who are breastfeeding shall be raised with the nursing mother. According to the Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts, children under the age of two years generally live with their mothers.

If the mother has any of the following circumstances, she may live with the father: (1) suffering from an infectious disease or other serious illness that has not been cured for a long time, and the child is not suitable to live with her; 2) There are conditions for raising children who do not fulfill their obligation to support them, and the father requires the child to live with him; (3) For other reasons, the child is truly unable to live with the mother.