There is no alimony and education after the divorce

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.

You are not allowed to pay child support after you have reached the age of majority.

You have to see if the statute of limitations has passed.

If one party pays alimony after the divorce, there is no need to pay additional education fees, except where the alimony agreed upon by both parties does not include education fees. According to the relevant laws and regulations, the dissolution of the marriage relationship between the parents does not affect the relationship between the children and the parents, and the party who does not directly raise the children shall bear the maintenance of the children. Child support shall include expenses such as children's living expenses, education expenses, and medical expenses.

1. What fees are included in child support?

According to the relevant laws and regulations of China, child support includes living expenses, education expenses, medical expenses and other expenses. Child custody means that all children have the right to receive from their parents reasonable and necessary for their living expenses until they reach the age of majority or until they become married, join the military, or live independently. In the event of a separation or divorce of the parents, both parents must still maintain their children.

After the divorce, the parent who has not raised the child has already paid child support, and the other party should no longer ask the other party to pay education and medical expenses.

2. Is it illegal for one party who has a marriage certificate to be divorced and does not pay child support?

In the event of a divorce, it is illegal for one party to have a marriage certificate and not pay child support. Because parents have a duty to upbring, educate and protect their minor children, this is the legal definition of parents. If one party does not pay the dependent parent, the other party can sue in court and is not subject to the three-year statute of limitations.

Alimony means that the parent who does not directly raise the child after the divorce should bear part or all of the child's living expenses, education expenses, medical expenses and other expenses. 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. The biological father or mother who does not directly raise the child born out of wedlock shall bear the maintenance of the minor child or the adult child who is unable to live independently.

3. What is the law on child support for illegitimate children?

The law stipulates that the maintenance of illegitimate children is generally given by the party who does not directly raise them, and the rights of illegitimate children are the same as those of legitimate children, and they have the right to require their parents to pay child support, including children's living expenses, education expenses, medical expenses and other expenses. 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.

Article 1084 of the Civil Code of the People's Republic of China.

The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.

After divorce, parents still have the right and obligation to raise, educate and protect their children.

In the event of a divorce, children under the age of two shall be raised directly by their mothers. 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.

Article 42 of the Supreme People's Court's Interpretation (1) on the Application of the Civil Code of the People's Republic of China on Marriage and Family.

"Child support" as used in Article 1067 of the Civil Code includes expenses such as children's living expenses, education expenses, and medical expenses.

Those who do not pay child support after a divorce may be prosecuted.

If the party who does not directly raise the children after the divorce does not pay child support, the other party may file a lawsuit in the name of the children.

If the other party still does not enforce the effective judgment on alimony made by the court after the court has ordered the other party to pay alimony, he may apply to the court for compulsory enforcement within two years after the expiration of the performance period specified in the judgment.

Those who refuse to enforce the judgment of the people's court may be detained for up to 15 days.

If there is the ability to enforce the refusal to enforce the law, and the circumstances are serious, it will also constitute a crime, and the sentence shall be up to 3 years imprisonment, short-term detention, or a fine.

Legal basis] Article 1085 of the Civil Code, 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 of burial 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.

Article 313 of the Criminal Law, where a people's court's judgment or ruling is capable of being enforced but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention or a fine is to be given; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

Divorce alimony includes education expenses. Child support is the cost of living, education, and other expenses borne by parents or other persons who have an obligation to support minors. The education expenses of those who are still in school and receiving education at or below the Tuan Sakura High School should be borne by them, but the extra school selection fees paid by the private schools and aristocratic schools that are more expensive, or the sponsorship fees incurred due to insufficient test scores, should not be considered child support.

Article 1085 of the Civil Code of the People's Republic of China.

After the 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 reasonable demands to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Generally, it is not included, but it is coordinated between the parties. If the two of them think that Minshi handles it well, the other party will lose out of love for children, and it is not a problem to pay for education or living expenses, and they may even be more willing to pay if they leave.

After the divorce, the quiet alimony is eliminated, including education expenses, living expenses and medical expenses, all expenses are included, which is known according to the man's living conditions and the local living environment, and the most important thing is the result of negotiation between the two parties.

Child support is to cover all the expenses needed for the child's growth, so it includes the cost of education.

Include. Child support is not only the child's living expenses, but also the education expenses.

This is a great obligation!