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Legal Analysis: If one party has autism, the chances of a divorced child being awarded to the other party are higher. The court will decide on the ownership of custody in accordance with the principle of being conducive to the growth of the child according to the actual situation of the husband and wife, such as the living environment, working conditions, economic income, educational background, age of the child, etc., and pay the maintenance fee if the child is not raised.
Legal basis: Article 1084 of the Civil Code of the People's Republic of China The relationship between parents and children shall not be extinguished by the divorce of 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 custody, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of residual splitting that is most beneficial to the minor child.
Where children have reached the age of 8, their true wishes shall be respected.
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Summary. Hello, after the divorce, the autistic child is raised by the man, but the woman also needs to bear the corresponding maintenance and ** fees in accordance with the law. Children who are minors or who are unable to live independently have the right to demand maintenance from their parents.
Child support includes expenses such as children's living expenses, education expenses, medical expenses, etc.
After the divorce, the autistic child is raised by the man, and the woman does not need to pay **** fees.
Hello, after the divorce, the autistic child is raised by the man, but the woman also needs to bear the corresponding maintenance and ** fees in accordance with the provisions of the law. Children who are minors or who are unable to live independently have the right to demand that their parents pay alimony. The alimony chain includes expenses such as children's living expenses, education expenses, and medical expenses.
Hello, reasonable **** is a necessary means to treat autistic children, the ** training fee generated by the mountain should belong to the category of medical expenses, and the child who suffers from loneliness can claim to the party who is not directly raised.
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If the child suffers from autism and the couple divorces, the amount of maintenance is generally calculated based on the actual needs of the woman, the affordability of both parents and the actual living standard of the local area. If the non-direct dependents have 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 children are paid, the scale may be appropriately increased, but generally must not exceed 50 percent of the total monthly income.
1. How does the law determine the amount of maintenance paid by the wife to the children after the judgment?
Child support after a divorce is determined based on the actual needs of the children, the affordability of both parents, and the actual standard of living in the local area.
1. For those who have a fixed income, maintenance can generally be paid at the rate of 20% to 30% of their total monthly income. Where two or more children are supported, the proportion may be appropriately increased, but generally must not exceed 50 percent of the total monthly income.
2. If there is no fixed income, the amount of maintenance can be determined according to 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 can be appropriately increased or decreased.
2. When should child support be paid after divorce, and the time limit for child support.
Alimony is mainly a reflection of the parents' obligation to support their minor children after divorce, so in principle, the period of alimony payment is until the child reaches adulthood. There are two types of child support payment periods: principle period and special period
1. Principle period:
According to the meaning of the child's adulthood, the principle period is generally until the child reaches the age of 18. If the child is over 16 years old but under 18 years old, and the child's labor income is his main livelihood** and he or she is able to maintain the general living standard of the local area, the parents may also stop paying child support. That is, under the age of 16, parents must pay child support, and those over 16 years old and under 18 years old will be paid according to the situation, and those over 18 years old will no longer be paid.
2. Special period:
In some special circumstances, although the child has reached adulthood, if the parents have the financial ability to afford it, they still have to pay for their child support, and the period of suspension depends on the specific circumstances, including the following three situations:
1) Adult children are incapacitated to work or have not completely lost their ability to work, but their income is not sufficient to support their livelihood;
2) Adult children are still in school;
3) Adult children do not have the ability and conditions to live.
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