Child support after divorce, how to calculate child support after divorce

If you don't give it, you will go to court to file a lawsuit

Of course, the amount of alimony should be set by yourself, and if your parents have an agreement at the time of divorce, it is easy to agree on the amount of alimony, otherwise you and your mother will have to think about the amount of money first.

The statute of limitations for the payment of child support is 2 years, and you are now a 21-year-old adult, and there is no way to recover the 18 years of child support.

Of course, the amount of alimony should be set by yourself, and if your parents have an agreement at the time of divorce, it is easy to agree on the amount of alimony, otherwise you and your mother will have to think about the amount of money first.

You have this right, but you still have to consult a lawyer first.

Legal analysis: The alimony for the elderly is calculated according to the minimum subsistence allowance of the local family's per capita monthly income and the number of children, and when the per capita monthly income of the children's family is higher than the minimum subsistence subsistence line, the alimony shall be calculated at 50% for the excess part of the two children; Maintenance is calculated at 40% for more than three children.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that a divorce is not allowed, and the parties have been separated for one year, and one party files another divorce lawsuit, the divorce shall be granted.

Article 1085:After divorce, where a child is directly raised by one party, the other party shall bear part or all of the maintenance expenses of the Ministry of Consumer Goods. 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 in the agreement or judgment when necessary.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

After a divorce, it is not necessary to pay child support, but to pay child support. And the payment method of alimony is: the party who does not directly support the child shall pay it according to the agreement.

In addition, the amount of the servant shall be determined according to 20 to 30 percent of the total monthly income, and if two or more children are raised, the maintenance fee may not exceed 50 percent of the total monthly income. If there is no fixed income, it 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.

[Legal basis].

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.

Article 49.

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 situations of hypocrisy and arguing, the above proportion may be appropriately increased or decreased.

Article 50. Maintenance shall be paid on a regular basis, and may be paid in a lump sum where conditions permit.

Legal analysis: The alimony for the elderly is calculated according to the local family's per capita monthly income and the minimum subsistence allowance line and the number of children, and when the per capita monthly income of the children's family is higher than the minimum subsistence subsistence line, the alimony for the excess two children shall be calculated at 50% of the silver liter; The balance of three or more children is calculated at 40 per cent.

Legal basis: Article 1067 of the Civil Code of the People's Republic of China Where parents fail to perform their obligation to support them, minor children or adult children who are unable to 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.