Does the divorced wife need to pay child support

After the divorce of the husband and wife, if the child is directly raised by the man, the woman needs to pay child support. At the time of divorce, if the man and the woman agree that the child will be directly raised by one party, the other party shall bear part or all of the child's maintenance, and if the parties agree that the child will be directly raised by the man, the woman shall pay the child support on time, and the man may reach an agreement with the woman on the amount of child support, and after the divorce, the woman must pay the child support on a regular basis in accordance with the agreement, and if the child is not paid within the time limit, the woman may be forced to pay by litigation.

[Legal basis].Article 1085 of the Civil Code of the People's Republic of China Where after divorce, 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.

It is the legal obligation of parents to raise their children, and when the parties divorce, they do not need to pay child support if there are any of the following circumstances; (1) The payer is unable to pay the amount determined in the original agreement or judgment due to long-term illness or inability to work, and has no financial ability, and the party directly raising the child is able to afford it and has the ability to support it. (2) The payer has been imprisoned for reform or re-education through labor due to violations of the law or crime, and has lost its financial capacity and is unable to pay. However, after the restoration of personal freedom, if there is economic **, it should still be paid according to the original agreement or judgment.

3) The party who directly raises the child remarries, and the stepfather or stepmother is willing to bear part or all of the child support. In this case, the amount of maintenance borne by the party liable for payment may be relatively reduced. However, if the stepfather or stepmother is unwilling to raise them, the amount of the biological father's or mother's payment cannot be reduced.

If the woman is indeed incapacitated and has no other financial income, in this case, she is actually exempt from paying child support. Of course, if you do not pay child support when you can afford it, you will not be allowed.

Legal analysis: If the husband and wife divorce and the woman does not want children, the woman has to pay child support. Child support includes expenses such as children's living expenses, education expenses, medical expenses, etc.

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

Article 1076:Where both 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 bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) 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 fee to be borne and the length of the term 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 shall not prevent the child from making a reasonable demand against either parent in excess of the amount originally set in the agreement or judgment if 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.