In the case of divorce, one child per person, does the other party still need to pay child support?

After divorce, if a man and a woman each raise one child, the need to pay maintenance shall 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.

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.

First, according to Article 37 of the Marriage Law, after 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.

Second, as far as this issue is concerned, although one party raises one child, it cannot change the obligation of both parties to support each child at the same time. In other words, this should be comprehensively analyzed according to the parenting ability of one party and the needs of the child.

Legal analysis: Two children divorced by one person generally do not need to pay child support, but both parties can also negotiate the payment.

Legal basis: Article 1085 of the Civil Code of the People's Republic of China.

After the 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.

Legal analysis: If one of the parents remarries to form a new family, he or she cannot be exempted from the responsibility of raising the child, and it is still necessary to pay child support as agreed until the child has the ability to live independently.

Legal basis: "Civil Code of the People's Republic of China" Volume 1 Zhiwu 1084 The relationship between parents and children is not eliminated by the divorce of parents. After the divorce, the child remains the child of both parents, regardless of whether they are directly raised by the state parent or the mother.

Summary. Hello, divorced children do not need to pay child support. If the spouses agree through negotiation, they are generally not required to pay child support.

If there is a large age gap between the two children, the younger parent may seek appropriate compensation, or the maintenance of the two children may be divided or negotiated to offset the two children. If the husband and wife fail to reach an agreement, they can go to the court to file a lawsuit and the court will make a judgment. <>

Hello, divorced children do not need to pay child support. If the spouses agree through negotiation, they are generally not required to pay child support. If there is a large age gap between the two children, the younger child can seek appropriate compensation, or the maintenance of the two children may be divided or negotiated to settle the balance.

If the husband and wife fail to reach an agreement through negotiation, they can go to the court to file a lawsuit and the court will make a judgment. <>

Hello, if one party's economy is significantly better than the other's, and the difference in child support between the children is too large, in this case, the party with the weaker ability can ask the other party to pay a certain amount of child support. And if there is a large age gap between the two children, the parent with the younger age can propose the other party to pay child support. <>