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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. 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.
Child support payments should be made on a regular basis, and may be paid in a lump sum if conditions permit.
Where one party has no economic income or whose whereabouts are unknown, their property may be used to offset child support expenses.
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.
The period of payment of child support 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.
In any of the following circumstances, an adult child who has not yet lived independently, and the parents have the ability to pay, shall still bear the necessary child support expenses:
Loss of ability to work or not complete loss of ability to work, but their income is not enough to sustain their livelihood;
Those who are still in school;
Those who do not have the ability and conditions to live independently.
After the divorce, if the child requests an increase in child support, a separate lawsuit shall be filed.
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:
The amount of the original child support allowance is not sufficient to maintain the actual living standard of the locality;
The actual needs have exceeded the original amount due to the child's illness or schooling;
There are other legitimate reasons that should be added.
Parents may not refuse to pay child support because of a change of surname.
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Alimony is a dead rule, and it has nothing to do with whether you leave the house or not. 20%-30% of salary
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The woman is generally required to pay child support when she leaves the house, unless the parties agree that the woman will not pay child support and will not affect the healthy growth of the children. The law stipulates that if the children are directly raised by one party after divorce, 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.
1.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.
2.If there is no fixed income, the amount of the childcare fee can be determined based on the total income of the current year or the average income of the same industry, with reference to the above proportion.
3.If there are special circumstances, the above proportion may be appropriately increased or decreased.
4.Parents may also agree that one parent will have direct custody of the child and that the parent will bear all child support. However, the ability of the direct custodial party to support the child is obviously not enough to cover the child's expenses, except where the child's healthy growth is affected.
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 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.
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Legal Analysis: Yes. According to the relevant laws and regulations, after divorce, parents still have the right and obligation to raise, educate and protect their children, so they are obliged to bear child support regardless of whether they leave the house or not.
Legal basis: 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 support, 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.
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Legal analysis: After the divorce, the other party should 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 by both parties. If one of the parents does not leave the house, he or she will not have to pay child support.
Legal basis: "Civil Code of the People's Republic of China" Article 1085 The relationship between parents and children shall not be extinguished by the divorce of parents. After the divorce, the children are still the children of both parents, regardless of whether they are directly raised 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. Where the parents of a child who has reached the age of two cannot reach an agreement on the issue of child support, the people's court is to make a judgment in accordance with the principle of the best interests of the minor child on the basis of the physical search of both parties.
Where children have reached the age of eight, their true wishes shall be respected.
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: >>>More
1. If the birth behavior of the party occurs in his current place of residence, the family planning administrative department of the people's ** at the county level of the current place of residence shall make a decision on expropriation in accordance with the collection standards of the current place of residence; 2. If the birth behavior of the parties occurs in the place of their household registration, the people's family planning administrative department at the county level where the household registration is located shall make a decision on expropriation in accordance with the collection standards of the place of household registration; 3. When the person's birth behavior occurs, the county-level people's ** family planning administrative department at the place of his current residence or household registration is discovered at the end, and then the county-level people's ** family planning administrative department that first discovers his childbearing behavior shall make a collection decision in accordance with the local collection standards. Where a party has already been levied social maintenance fees in one place, social maintenance fees are not levied again in another place for the same facts.
It is her right to move her hukou, and you can't stop it. But child support is her obligation and you can ask for it. Otherwise, you can apply for enforcement.
If you are so worried, can you consider taking back the custody of the child? How old is the child now? Do you have the right to make your own choice? >>>More
Civil Complaint.
Plaintiff: Female, born on October 2, 1995, Han nationality, from the city, living in the unit number of the residential area of the city district. >>>More