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Anonymous users2024-02-08Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts":
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.
8. The childcare fee should be paid regularly, and it can be paid in a lump sum if conditions permit.
9. If one party has no economic income or his whereabouts are unknown, his or her property may be used to offset the child's custody expenses.
10. Both parents may agree that the child will live with one of the parties, and the raising party shall bear all the child's maintenance expenses. However, if it is verified that the raising party's ability to support the child is obviously unable to guarantee the child's necessary expenses, and affects the child's healthy growth, it is not permitted.
11. The period of payment of child support allowance is 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.
12. In any of the following circumstances, adult children who have not yet lived independently, and their parents have the ability to pay, they shall still bear the necessary childcare expenses:
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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Anonymous users2024-02-07Maintenance is generally 20% of the total monthly income, and can be increased if there are many children, but generally not more than 50% of the total monthly income.
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Anonymous users2024-02-06The amount of alimony is determined according to the following criteria:1For 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. 2.If there is no fixed income, the amount of child support may be determined on the basis of the income of the current year or the average annual income of the same industry, with reference to the above standards.
3.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.
The law is based on the law
Article 1085 of the Civil Code provides that 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 in the agreement or judgment when necessary.
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Anonymous users2024-02-05Legal Analysis: To the parent who is directly raising the child. After the parents divorce, the party who does not directly raise the child who is not in need of the child needs to pay a certain amount of child support, and at this time, of course, the child support is given to the minor child, but in general, it is given to the party who directly raises the child, so that it can be used as the child's living and learning 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 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 does not prevent the child from making a reasonable request to either parent for more than the amount originally set in the agreement or judgment when necessary.
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.
Measures for the Administration of the Collection of Social Maintenance Fees". >>>More
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
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. >>>More
Article 37 of China's Marriage Law stipulates: "After divorce, if one party raises a child, 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. 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. >>>More