How much alimony can I get for two children in a divorce

Updated on society 2024-05-07
4 answers
  1. Anonymous users2024-02-09

    Regarding this dispute over child support, the law is clearly stipulated, and the details can be consulted by a lawyer, and the specific situation must be decided according to the economic situation! ~

  2. Anonymous users2024-02-08

    How to pay alimony after divorce for two children:

    1. If there are two children in divorce, if both children are directly raised by one of the parents, and the other party is not responsible for the maintenance of Yuanyan, it is generally 20%-50% of the monthly income.

    2. After the divorce of the husband and wife, the economic conditions of both parties are comparable, the age of the children is the same, and the expenses of alimony are roughly the same, in this case, each child will be raised, and no alimony will be paid to each other.

  3. Anonymous users2024-02-07

    Legal Analysis: It is the legal obligation of parents to raise minor children, and even after divorce, the party who does not directly raise the children should pay the corresponding child support. Child support shall include expenses such as living expenses, education expenses, and medical expenses.

    As for the amount of alimony, the judge will take into account the actual needs of the child, the affordability of both parents and the actual standard of living in the locality. Generally speaking, if you have two children, it is more likely that one party will raise one child, and if the economic level of both parties is similar, it is very likely that each party will bear the cost of raising the child. If the two children are raised by one party and the other parent has a fixed income, it generally does not exceed 50% of the total monthly income, and if there is no fixed income, the annual income or the average income of the same industry can be referred to.

    Maintenance should be paid on a regular basis, such as monthly, quarterly, etc. If conditions permit, a lump sum payment may be made. If one party has no economic income or his whereabouts are unknown, his or her property may be used to offset child support.

    Both regular and lump sum payments have their pros and cons: regular payments are conducive to the long-term stability of minors' ability to obtain child support, but they also increase the risk that one party will not pay child support; Lump sum payments reduce the risk of non-payment of child support, but it may result in the maintenance being used arbitrarily. When the original amount is not enough to maintain a normal life, or the actual needs of the child due to illness or schooling, the child can request an increase in the amount of child support.

    Legal basis: "Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1)" Article 49 The amount of child support may be determined on the basis of the actual needs of the children, the affordability of both parents and the actual living standards of the local area.

    For those who have a regular 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 circumstances, the above proportion may be appropriately increased or decreased.

  4. Anonymous users2024-02-06

    Legal analysis: After the divorce, the maintenance of the two children includes living expenses, medical expenses, etc., and the court will consider the actual needs of the children, generally combined with the financial ability of both parents and the actual local living standards. Where the parents' income is fixed, the maintenance fee is generally determined according to the standard of 20 to 30 percent of the total monthly credit income, and the proportion may be appropriately increased for the two children, but it cannot exceed 50 percent.

    If the income is not fixed, it may be determined in accordance with the above proportions by referring to the standards of total annual income and the average monthly income of peers. If one of the parties has no income or his whereabouts are unknown, he or she may use his personal belongings to offset it. Legal basis:

    Article 1076 of the Civil Code of the People's Republic of China 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 the person who took the sail; (2) Committing domestic violence or abusing or abandoning family members; (3) Having gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been 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 divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted. Article 1085:After divorce, where 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. 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 fails, the people's court shall 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.

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