The Problem of Parental Divorce Alimony I am a high school student

Your question can be divided into two areas.

1. The amount of child support.

Several Specific Opinions of the People's Courts on Handling Child Support Issues in Divorce Cases is the main legal basis for the courts to determine custody rights and the amount of child support. Article 7 of the Opinions stipulates that "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.

Therefore, the maintenance fee that your father bears is about 600 yuan.

2. When the parents' obligation to support the child ends.

Article 21 of the Marriage Law stipulates that parents have the obligation to raise and educate their children; Children have an obligation to support their parents.

If the parents fail to fulfill the obligation to support them, the child who is a minor or who is unable to live independently has the right to demand maintenance from the parents.

Article 20 of the Interpretation (I) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law: "Children who cannot live independently" as provided for in Article 21 of the Marriage Law refer to adult children who are still in school and receiving education at or below high school, or who are unable to maintain a normal life due to non-subjective reasons, such as losing or not completely losing the ability to work.

Article 21: "Child support" as used in article 21 of the Marriage Law includes expenses such as children's living expenses, education expenses, and medical expenses.

However, Article 12 of the Several Specific Opinions of the People's Courts on the Handling of Child Support Issues in Divorce Cases stipulates that if an adult child who has not yet lived independently falls under any of the following circumstances, and the parents have the ability to pay, they shall still bear the necessary child support:

1) Unable to work or not completely incapacitated, but their income is not enough to support their livelihood;

2) Those who are still in school;

3) There is no ability and conditions for independent living.

Due to the phenomenon of "fighting" in laws and regulations, the understanding of local courts in handling cases is also different, so some local courts believe that parents are obliged to bear child support as long as their children are still in school (including universities). However, some local courts have held that after the age of 18, the child has reached the age of majority, and the parents are no longer legally obliged to raise them, so there is no need to pay child support.

So you're going to ask your dad to give you more now? When you're older, that's impossible, huh?

After the divorce, one party shall 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 upon by both parties; If the agreement fails, the people's court shall make a judgment. An agreement or judgement concerning the maintenance and education of the child shall not prevent the child from making a reasonable demand to either parent, if necessary, in excess of the amount originally agreed upon in the agreement or judgment. The amount of child support is based on the following three aspects:

The actual needs of the children, the affordability of both parents, and the actual standard of living in the locality. After divorce, the parent who does not live with the children is divided into the following categories according to their income status: 1. If they have a fixed income, the amount of child support can generally be 20 to 3 percent of their total monthly income 1. If they have a fixed income, the amount of child support can generally be borne by 20 to 30 percent of their total monthly income.

Where two or more children are being raised, the proportion may be appropriately increased, but generally must not exceed 50 percent of the monthly income. Here "gross monthly income" refers to the total salary, including salaries, bonuses, etc. If there is a suspicion that the other party has concealed actual income, you can apply for a court investigation order to investigate.

2. If there is no fixed income, the amount of child support can be paid according to the income of the current year or the average annual income of the same industry 2. If there is no fixed income, the amount of the child support fee can be paid according to the income of the current year or the average annual income of the same industry, and the specific distribution method can be carried out in accordance with the payment ratio in Article 1. 3. If there are special circumstances, such as the child suffering from a major illness for a long time or the child is disabled, it may be appropriately increased. 3. If there are special circumstances, such as the child suffering from a major illness for a long time or the child is disabled, it may be appropriately increased.

In light of the above, although we can affirm that the law clearly stipulates the scope of alimony and the amount to be paid, there are often cases in life where the party paying alimony is unable to pay due to unemployment, or has the ability to pay and refuses to fulfill the amount of the obligation. In the case of inability to pay, both parties can mediate and solve, and for the case of refusal to pay, it is not possible to solve it through negotiation alone, and at this time, you can submit a request to the court with the help of a lawyer, which is a reliable guarantee for both yourself and your children.

Article 1085 of the Civil Code, after divorce, if the child is directly raised by one party, the other party shall bear part or all of the maintenance. 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.

Summary. Hello dear! We'll be happy to answer for you!

If the divorced child has a high school child, the maintenance method is as follows: 1. If the parents have a fixed income, the maintenance can be paid at a rate of 20% to 30% of their total monthly income. For those who bear two child support, the proportion may be appropriately increased, but generally must not exceed 50% of the monthly income.

If there is no fixed income, the amount of maintenance 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. If there are special circumstances, the proportion may be appropriately increased or decreased. 2. The method of payment of maintenance may be determined according to the professional situation of the parents, and in principle it should be paid on a regular basis.

3. Both parents may agree that the child shall live with one of the spouses and that the parent shall 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.

Hello dear! We'll be happy to answer for you! Divorced children after high school such as child support in the following ways:

1. If the parents have a regular income, the maintenance fee may be paid at the rate of 20% to 30% of the total monthly income. For those who bear two child support, the proportion may be appropriately increased, but generally must not exceed 50% of the monthly income. If there is no fixed income, the amount of child support can be determined according to the total income of the current year or the average income of the same industry, and the above proportion of ginseng and potato sales.

If there are special circumstances, the proportion may be appropriately increased or decreased. 2. The method of payment of maintenance may be determined according to the professional situation of the parents, and in principle it should be paid on a regular basis. 3. Both parents may agree that the child shall live with one of the spouses and that the parent shall bear all the child's maintenance expenses.

However, if it is verified that the raising party's ability to raise the child is obviously unable to guarantee the expenses required by the child, and affects the healthy growth of the child, it is not permitted.

Hello dear! We'll be happy to answer for you! In general, it is possible to agree that maintenance will be paid until the child reaches the age of 18 or until the child lives independently.

When the child completes high school education, the parents do not have the obligation to pay child support, but from the reality of the situation, the stage of going to college or even the stage of being able to live completely independently after graduating from the spring school, the situation of parental funding is quite common. We believe that in the absence of an agreement between the parents on the period of support, the period of parental support shall be applied after the completion of the statutory high school education stage; In cases where the parents have expressly agreed on the period of support, the agreement of the parents shall apply. For example, if the parents agree to pay child support until the child graduates from college, if one of the parents refuses to pay after the child goes to college, the child has the right to claim child support from the child.

Dear, is it the other party who is asking you to pay child support?