What is the amount of divorce alimony for children born out of wedlock?

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.

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. Both parents may agree that the child will live with one of the parents, and the parent will 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.

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.

Where one party has no economic income or whose whereabouts are unknown, their property may be used to offset child support expenses.

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. In any of the following circumstances, if the child's request for an increase in child support is made, and the parent has the ability to pay, it shall be supported:

1) The amount of the original child support allowance is insufficient to maintain the actual living standard of the locality;

2) Due to the child's illness or schooling, the actual needs have exceeded the original amount;

3) There are other legitimate reasons that should be added.

If the parents have a regular income, maintenance may be paid at the rate of 20 to 30 per cent of their gross monthly income. If there is no fixed income, the amount of maintenance may be determined on the basis of the total income of the current year or the average income of the same industry, with reference to the above proportions. If there are special circumstances, the proportion may be appropriately increased or decreased.

The method of payment of maintenance may depend on the professional situation of the parents, and in principle, it should be paid on a regular basis. Article 25 of the Marriage Law of the People's Republic of China stipulates that children born out of wedlock enjoy the same rights as children born in wedlock, and no one may harm or discriminate against them.

A biological father or mother who does not directly raise a child born out of wedlock shall bear the child's living and education expenses until the child is able to live independently. The "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts" clearly stipulates that if the parents have a fixed income, the maintenance fee may be paid at the rate of 20% to 30% of their total monthly income.

If there is no fixed income, the amount of maintenance may be determined on the basis of the total income of the current year or the average income of the same industry, with reference to the above proportions. If there are special circumstances, the proportion may be appropriately increased or decreased.

Generally, it does not exceed 20-30% of one's income

Divorce alimony for children born out of wedlock is generally 20% to 30% of the monthly income, and up to 50% for two children. If the divorce is caused by the fault of one of the spouses, the other party may also claim damages for divorce at the same time as the divorce.

Legal basis: Article 49 of the Interpretation (1) of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China.

The amount of maintenance 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 fixed income, maintenance can generally be paid at the rate of 20 to 30 percent of their total monthly income. Where two or more child support expenses are paid, 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 maintenance 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.

Where there are special circumstances, the above proportion may be appropriately increased or decreased.

Can a man claim compensation for divorce of a child born out of wedlock?

The husband can claim compensation when he or she divorces a child born out of wedlock. According to the provisions of China's Civil Code, if one of the following circumstances leads to divorce, the innocent party has the right to claim damages:

a) bigamy; 2) cohabitation with another person;

3) Committing domestic violence;

4) Ill-treatment or abandonment of a member of the Tribunal;

5) There are other major faults.

The husband has committed other major faults and has violated the duty of fidelity of the husband and wife, so the divorce can require the husband to pay compensation.

Can a married woman get a divorce if she has a child out of wedlock.

Divorce is possible, but if one party knows that the other party is married, but the two still live together as husband and wife and give birth to children, it may constitute the offence of bigamy.

Chinese law does not explicitly stipulate the act of extramarital affairs per se. However, China's Civil Code, Criminal Law and some individual regulations have relevant provisions on abuse, abandonment, bigamy, violent interference with the freedom of marriage, infant drowning, injury, ** and other behaviors that seriously endanger social security caused by extramarital affairs.

According to Article 258 of the Criminal Law of the People's Republic of China, the crime of bigamy refers to the act of marrying another person while having a spouse or marrying another person knowing that he or she has a spouse.

Legal basis.

Legal analysis: 1. If there is a fixed income, the maintenance fee 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.

"Gross monthly income" refers to the total salary, including salary, bonuses, etc. An investigation may be made by applying for a court investigation order. 2. If there is no fixed income, the amount of child support can be determined according to the total income circle chain of the current year or the average income of the same industry, with reference to the above proportion (with fixed income).

The total income of the current year or the average income of the same industry is generally based on the average annual income and average annual living expenses determined by referring to the "Reference Standards for Road Traffic Accident Compensation Projects". Special claims refer to children who have suffered from a serious illness for a long time, or whose children are disabled. The same law applies to child support for children born out of wedlock and child support for legitimate children, and children born out of wedlock have the same rights to dependency and education without discrimination of any kind.

If one of the divorcing spouses fails to pay child support in accordance with the agreed amount, a lawsuit can be filed in court.

Legal basis: Civil Code of the People's Republic of China Article 1085 After divorce, where a child is 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.