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Divorce in accordance with Chapter IV of the "Marriage Law of the People's Republic of China".
Article 37: 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 judgement concerning the maintenance and education of the child shall not prevent the child from making a reasonable demand to either parent, if necessary, in excess of the amount originally agreed upon in the agreement or judgment.
1. What are the specific items of child support?
According to the Supreme Judicial Interpretation, child support includes expenses such as child living expenses, education expenses, and medical expenses.
2. What criteria does the court use to determine alimony?
In divorce cases, when the people's court determines the amount of child support, it generally determines the amount based on the following three criteria.
1. The actual needs of the children.
2. Affordability of both parents.
3. The actual living standard of the local area.
3. How to determine the specific amount of child support?
According to the judicial interpretation, after the divorce of the husband and wife, the child support can be paid according to the following standards;
1. For those who have a fixed income, the child support allowance can generally be paid at the rate of 20% to 30% of the 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.
2. If there is no fixed income, the amount of child support allowance can be determined according to the total income of the current year or the average income of the same industry, with reference to the above proportion.
3. If there are special circumstances, the above proportion can be appropriately increased or decreased.
4. How should child support be paid?
1. If conditions permit, a lump sum payment can be made.
2. If the conditions are not met for the time being, it can be paid monthly or regularly, or quarterly or annual according to income.
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Executed in accordance with the judgment. Where the judgment is unclear, the court may organize enforcement mediation and determine a specific time.
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Legal analysis: In divorce cases, the period of payment of child support is until the child reaches the age of 18, and the child support fee 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: Civil Code of the People's Republic of China
Article 1084: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 Yuan Chong respecting the child. Where children have reached the age of 8, their true wishes shall be respected.
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 request to either parent or parent to exceed the amount originally set in the agreement or judgment when necessary.
Article 1086:After a divorce, the parent who does not directly raise the children has the right to visit the children, and the other party has the obligation to assist.
The method and time for exercising visitation rights are to be agreed upon by the parties; If the agreement fails, the Renju Shenmin Court shall make a judgment.
Where a parent's visit to a child is detrimental to the child's physical and psychological health, the people's court is to suspend the visit in accordance with law; Visits shall be resumed after the reason for the suspension has disappeared.
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