If there is a divorce, does the woman need to pay child support

If the child follows the mother, the father should pay monthly or annual child support until the child reaches adulthood, and similarly, if the child follows the man, the woman will pay child support until the child reaches adulthood. 1. Content of alimony: Article 21 of the Interpretation (1) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates:

"Child support" includes expenses such as children's living expenses, education expenses, medical expenses, etc., so the expenses necessary for the growth of minor children are all part of child support, and the view that only living expenses and tuition fees are borne is wrong. In addition, Article 37 of the Marriage Law stipulates that for children raised by one party, the other party shall bear part or all of the necessary living expenses and education expenses.

2. Time for payment of child support: Article 21 of the Marriage Law stipulates that children who are minors or who cannot live independently can request their parents to pay child support. In addition, according to Article 20 of the Interpretation (1) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China, "children who are unable to live independently" refer to 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 not completely lost their ability to work.

For college students, because they have the ability to obtain labor income, it is generally considered that they are not within the scope of the regulations. However, if there are insurmountable objective reasons such as study, and there is no income from labor, the parents may also be required to pay child support in accordance with the law. According to the law, maintenance is payable until the child is able to live independently.

3. Determination of the amount of child support paid by the party who does not directly raise the child. The amount and duration of the maintenance expenses to be borne by one of the spouses shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. Article 7 of the "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts" stipulates that it 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.

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.

4. Payment method of child support. Press. The "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts" stipulates that maintenance shall be paid on a regular basis, and may be paid in a lump sum if conditions permit.

If one party has no economic income or his whereabouts are unknown, his or her property may be used to offset the child's support expenses.

5. The alimony can be changed (increased) according to the law, according to the judicial interpretation, after the divorce, if the child requests to increase the alimony, and the negotiation fails, the court can file a lawsuit. The statutory reasons for the increase are: (1) the amount of the original child support fee is not sufficient to maintain the actual standard of living in 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.

Legal analysis: After the divorce, if the woman does not directly raise the child, she should pay child support.

Legal basis: Article 1085 of the Civil Code of the People's Republic of China [Burden of child support after divorce] 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 forth in the agreement or judgment when necessary. Lead burial: The Civil Code came into effect on January 1, 2021.

Legal Analysis: Legal Analysis: After the divorce, the woman has to pay child support.

Legal basis: Article 1084 of the Civil Code stipulates that the relationship between parents and their children shall not be extinguished by the divorce of the parents.

After the divorce, the children are still the children of both the father and the mother, regardless of whether they are raised directly by the father or the mother. After divorce, parents still have the right and obligation to raise, educate and protect their children. After the divorce, the child who is under the age of two is in a state of moderation, and the principle is to be raised directly by the mother.

For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.

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

Legal basis: 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 and duration of the fee chain 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 daughter from making reasonable demands to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

After the divorce, both parties need to pay child support, so the woman needs to pay child support.

Legal basis: Article 1080 of the Civil Code Article 5 After the divorce, if one party raises Zheng Ju Zichen Cong as a woman, 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.

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.

Need. Husband and wife equally enjoy the right to raise, educate and protect their minor children, and jointly bear the obligation to raise, educate and protect their minor children. 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.

After the 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 judgment concerning the child's maintenance and education expenses shall not prevent the child from making a reasonable demand to either parent or parent in excess of the amount originally set out in the agreement or judgment, if necessary.

So what is the standard for paying child support?

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.

Article 1067 of the Civil Code of the People's Republic of China stipulates that if parents fail to fulfill 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, who lack the ability to work or who have difficulties in living, have the right to beg their adult children to pay alimony. Article 1068 Parents have the right and duty to educate and protect their minor children.

Where minor children cause harm to others, parents shall bear civil liability in accordance with law.

Article 1069:Children shall respect their parents' marital rights and must not interfere with their parents' divorce, remarriage, or post-marital life. A child's obligation to support his or her parents does not end when there is a change in the marital relationship between the parents.

Article 1070:Parents and children have the right to inherit each other's inheritance.

Article 1071:Children born out of wedlock enjoy the same rights as children born in wedlock, and must not be harmed or discriminated against by any organization or individual.

A biological father or mother who does not directly raise a child born out of wedlock shall bear the maintenance of the minor child or an adult child who is unable to live independently.