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The Supreme People's Court issued a notice on the "Several 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.
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There are no specific numbers for this! There are poor and rich.
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Legal analysis: According to the meaning of the child's adulthood, the principle period is generally to pay until the child reaches the age of 18. If the child is over 16 years old but under 18 years old, his or her labor income is his main livelihood**, and his or her parents have the obligation to raise and educate their children; Children have an obligation to support their parents.
If the parents fail to fulfill the obligation to support them, the child who is a minor or who is unable to live independently has the right to demand maintenance from the parents.
Legal basis: "Interpretation 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" Article 41: Adult children who are still in school and receiving education at or below high school, or who are unable to maintain a normal life due to non-subjective reasons, such as those who have lost or partially lost their ability to work, may be found to be "adult children who cannot live independently" as provided for in article 1067 of the Civil Code.
Civil Code of the People's Republic of China Article 1085 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 request to either parent for more than the amount originally set in the agreement or judgment when necessary.
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Maintenance for children is generally paid until the child reaches the age of eighteen, but if the child is unable to live independently in the following circumstances after adulthood;
The parents must continue to pay child support, in which case the child will continue to pay until the child is able to live independently, or even until the death or incapacity of the parent
1. Loss of ability to work or not completely lost ability to work, but their income is not enough to maintain their livelihood.
2. Those who are still in school.
3. There is no independent living condition and ability.
1. How old is the child support after the divorce.
1. General period:
According to the meaning of the child's adulthood, the principle period is generally 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. That is, under the age of 16, parents must pay child support, and those over 16 years old and under 18 years old will be paid according to the situation, and those over 18 years old will no longer be paid.
2. Special period:
In some special circumstances, although the children are adults, if the parents have the financial ability to pay for them, they still have to bear their child support, and the period of cessation depends on the specific circumstances, including the following three situations:
1) Adult children are incapacitated to work or their income is not sufficient to support their livelihood, although they have not completely lost their ability to work;
2) Adult children are still in school;
3) Adult children do not have the ability and conditions to live.
Yes, as long as the tuition fee is within a reasonable range, it will be upheld by the court.
Alimony is mainly a reflection of the parents' obligation to support their minor children after divorce, so in principle, the period of alimony payment is until the child reaches adulthood. There are two types of child support payment periods: principle period and special period
1. Principle period:
According to the meaning of the child's adulthood, the principle period is generally 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. That is, under the age of 16, parents must pay child support, and those over 16 years old and under 18 years old will be paid according to the situation, and those over 18 years old will no longer be paid.
2. Special period:
In some special cases, although the child has reached adulthood, if the parents have the financial ability to afford it, they still have to bear the maintenance fee, and the period of cessation depends on the specific circumstances, including the following three situations:
1) The adult child has lost the ability to work or has not completely lost the ability to work, but his income is not enough to support his or her life, (2) the adult child is still in school, and (3) the adult child is truly incapable of living.
If there is a child in one of the above special circumstances, the parent who can afford it will still have to pay child support.
Article 1067 of the Civil Code stipulates that if parents fail to perform their obligation to support them, minor children or adult children who cannot live independently have the right to demand that their parents pay child support.
Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.
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In some special cases, although the child has reached the age of majority, if the parents can afford it, they still have to pay for their child support, and the period of cessation depends on the specific circumstances, including the following three situations:
1) Adult children in Xianzhong Town have lost their ability to work or have not completely lost their ability to work and train roughly, but their income is not enough to support their lives;
2) Adult children are still in school;
3) Adult children do not have the ability and conditions to live.
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If the child is able to cover his or her own living expenses, the parents can no longer pay child support even if they are under the age of 18 and at the age of 16. If the child is not yet independent and the parents are capable, then even if the child has reached the age of 18, the parents need to continue to pay child support under the approved regulations.
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