How to divide the divorce children s room has to be paid about divorce alimony

After a divorce, 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 locality.

According to the relevant provisions of the Supreme People's Court's "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts":

When hearing divorce cases, people's courts shall follow articles 29 and 30 of the "Marriage Law of the People's Republic of China" and relevant legal provisions to properly resolve the issue of child support, proceeding from the interests of the children's physical and mental health, protecting the children's lawful rights and interests, and taking into account the specific circumstances of both parents, such as their ability to raise and their conditions for support. On the basis of the above principles, combined with trial practice, the following specific opinions are put forward:

7. The amount of child support may be determined according to 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.

The two of them negotiate first, and if it doesn't work, they will take the legal route.

The sharing of child support in the event of divorce shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment on the nuclear type. Child support is the cost of living, education, and other expenses borne by parents or other persons who have an obligation to support minors. Base amount of maintenance in our country refers to the fees paid to minors when these people are unable to fully fulfill or do not fulfill their maintenance obligations.

[Legal basis].Article 1085 of the Civil Code.

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 fails, 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.

Lawyer Yi Yi answered: Hello, I am very happy for you to raise the question about the division of property of divorce and marriage. 1. How to divide the divorced property?

1. Division of real estate: (1) If the real estate is purchased after marriage, it belongs to the joint property of the husband and wife in the absence of special agreement; If there is an agreement, from the agreement. (2) If the house was purchased before marriage:

In general, whose name is registered on the real estate deed is whose pre-marital personal property. 2. Although you "manage your own income separately" after marriage, as long as there is no written agreement on "your own property after marriage", it will generally still be determined that your respective income is the joint property of the husband and wife. 3. Division of other divorced property:

1) According to the law, divorce is only the division of the joint property of the husband and wife, and there is no share of the children: generally the joint property of the husband and wife is divided.

2. One and a half people; The pre-marital personal property of one party is not divided and remains owned by the party. (2) However, if both of you agree to divide the joint property of the husband and wife.

3. Leave a copy to your daughter: the law does not prohibit it. (3) When dividing the joint property of the husband and wife:

It is usually half of the same person, but the law provides for proper care of the woman and the children: so, if the daughter is with the woman, it is possible that the woman will have some advantages in the division of the property. (4) At the same time as dividing the property:

It is necessary to take into account the question of how to bear the mortgage after divorce: the property is divided between the husband and wife, and the mortgage is a joint debt of the husband and wife, which should also be shared equally. 2. How to calculate child support in divorce?

1. The maintenance fee shall be negotiated between the two parties, and if the negotiation fails, the court shall determine it at its discretion according to the actual needs of the child, the living standard of the place where it is located, and the ability of the husband and wife to bear it, which is generally determined between 20% and 30% of the man's income. 2. It can be determined as a proportion of the man's income, or it can be determined as a fixed amount. If there is room for change in the man's salary, it is advisable to ask for a fixed percentage without determining the fixed amount.

3. In addition, even if a fixed amount of alimony is determined at the time of divorce: if the child's living expenses increase significantly in the future or the burden of the child is seriously ill, the woman still has the right to sue again for an increase in alimony.

The Supreme People's Court stipulates that when a people's court hears a divorce case, it shall properly resolve the issue of child support from the perspective of benefiting the child's physical and mental health and protecting the lawful rights and interests of the child, taking into account the specific circumstances of both parents, such as their ability to raise and conditions for raising children. On the basis of the above principles, combined with trial practice, the following specific opinions are put forward:

1. Children under the age of two generally live with their mothers. If the mother has any of the following circumstances, she may live with the father:

1) Suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them;

2) There are conditions for raising children who do not fulfill their obligation to support them, and the father requires the child to live with him;

3) The child is unable to live with the mother due to other reasons.

2. Where both parents agree that a child under the age of two lives with the father and there is no adverse impact on the healthy growth of the child, it may be permitted.

3. For children over the age of two years, both the father and the mother request to live with them, and one of the parties may be given priority if they have any of the following circumstances.

1) Have undergone sterilization or have lost their fertility due to other reasons;

2) The child has lived with the child for a long time, and the change of living environment is obviously detrimental to the healthy growth of the child;

3) There are no other children, and the other party has other children;

4) The child lives with him/her, which is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious disease that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health, and it is not suitable to live with the child.

4. The conditions for the father and the mother to raise the child are basically the same, and both parties require the child to live with the child, but if the child has lived alone with the grandparents for many years, and the grandparents request and have the ability to help the child take care of the grandchild or grandchild, it may be considered as a priority condition for the child to live with the father or mother.

5. In the event of a dispute between the parents over the age of 10 over that a minor child over the age of 10 should live with his or her father, the child's opinion shall be taken into account.

6. On the premise that it is conducive to protecting the interests of the children, where both parents agree to take turns raising the children, it may be permitted.

In divorce cases, child support includes expenses such as children's living expenses, education expenses, and medical expenses. 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, maintenance can generally be paid at the rate of 20 to 30 per cent of their total monthly income. Where two or more children are burdened, 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.

If there are special circumstances, the above proportion may be appropriately increased or decreased.

If one party has no economic income or whose whereabouts are unknown, their property may be used to offset child support. Both parents may agree that the child will live with one of the parents and that the parent will bear all the child's support. 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 up to the age of 18, and adult children who are still in school and receiving high school education or below, or who are unable to maintain a normal life due to non-subjective reasons, such as those who are unable to maintain a normal life due to non-subjective reasons, have the right to demand payment of child support from their parents. Maintenance shall be paid on a regular basis, or in a lump sum if conditions permit.