How child support is calculated after divorce

The Supreme People's Court's specific opinions on the handling of children's issues in divorce cases are supported.

The amount of child care is determined according to the actual needs of the children, the affordability of both parents and the actual standard of living in the local area.

Regular income caregivers are generally available in the benefit of 20 to 30 percent of their gross monthly income. The burden of raising more than two children, this ratio may be appropriately increased, but generally not more than 50% of the total monthly income.

If there is no fixed income, the total annual income or the average income of the same industry on the basis of the amount of childcare shall be determined with reference to the above ratio.

In special circumstances, the percentage can be increased or decreased appropriately.

8. Prefer regular benefits, conditional lump sum payments.

9. The party's economic income or whereabouts are unknown, and their property is to offset child upbringing.

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.

The judge will determine how much maintenance the husband will have to pay each month if you are raising him.

It seems that they should pay half of each.

Legal analysis: 1. For those who have a fixed income, child support can generally be paid at a rate of 20% to 30% of their total monthly income. 2. 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, with reference to the above proportion.

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

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife are willing to divorce, 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 another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) 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 the people's court has ruled that the two parties have been separated for one year, and one party initiates a divorce lawsuit again, the divorce shall be granted.

Article 1000 Paragraph 85: Where after a divorce, 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 is not reached, the people's court is to 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.

The standard for calculating child support after divorce: generally calculated according to 20% to 30% of the parents' monthly salary, but if they are responsible for more than two children, the proportion can be adjusted to no more than 50%. Where the parents do not have a regular job, the standard 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 proportion described in the previous book.

[Legal basis].

Article 48 of the Supreme People's Court's Interpretation (1) on the Application of the Civil Code of the People's Republic of China on Marriage and Family.

On the premise that it is conducive to protecting the interests of the children, where both parents agree to take turns to directly raise the children, the people's courts should support it.

Article 49.

The amount of alimony may be determined according to the actual needs of the child, the affordability of both parents and the actual living standard of the locality.

For those with 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 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.

Article 50. Maintenance shall be paid on a regular basis, and may be paid in a lump sum where conditions permit.

Generally, it is 20-30% of the total monthly income

Answer: For the situation of child custody, it is generally necessary to look at several points, including the age of the child, who is usually taking care of it, the respective economic conditions of both parents, etc., according to the Civil Code and its relevant judicial interpretations and long-term judicial practice, the basic principle of which is "conducive to the healthy growth of children".

First of all, if the child is still breastfeeding, it is the principle that the child will be raised by the mother. After the lactation period, the first decision should be made by both parents through consultation, and if the negotiation fails, the people's court shall make a judgment based on the circumstances of both parties.

Then, for children under the age of two, they generally live with their mothers. If the mother has any of the following circumstances, she may live with the father: 1. Suffering from an infectious disease or other serious illness that has not been cured for a long time, and the child is not suitable to live with her; 2. There are conditions for raising children who do not fulfill their obligation to support them, and the father requires the children to live with them; 3. For other reasons, the child is unable to live with the mother.

In addition, it is also permissible for both parents to agree that a child under the age of two will live with the father and that there is no adverse effect on the healthy growth of the child.

In addition, for children over the age of two years, both the father and the mother are required to live with them, and one of the children has 1. has undergone sterilization or has lost the ability to have children due to other reasons; 2. The children have lived with them for a long time, and changing the living environment is obviously detrimental to the healthy growth of the children; 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, and the other party suffers from an infectious disease or other serious disease that cannot be cured for a long time, or has other conditions that are not conducive to the child's physical and mental health.