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The general standard of alimony is 20%-30% of the obligor's total monthly income, so when the monthly income is 5,000, the alimony should be 1,000-1,500 yuan, and the final specific amount can be appropriately adjusted according to the economic ability of the obligor and the needs of the minor. The payment of alimony is a legal obligation under the laws of our country, and the party who does not directly support the minor shall pay alimony until the age of majority. Legal basis:
Article 7 of the Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts stipulates that 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. 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.
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If the monthly income is 4,000 yuan, the child support fee is generally 800 yuan to 1,200 yuan. Where the party not directly raising the child has a fixed income, it is generally paid at the rate of 20 to 30 percent of the income, and on this basis, the party who is not directly raising the child support party voluntarily increases the maintenance fee, which shall be supported.
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 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.
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With a monthly income of 4,000 yuan, child support is roughly 800 to 1,200 yuan. The standard of child support is as follows, generally between 800 yuan and 1,200 yuan, and the maximum will not exceed 2,000 yuan. The amount of child support is based on the following three aspects:
After the divorce, the parents who do not live with the children are divided into the following according to their income status
1. For those who have a fixed income, the amount of child support allowance can generally be 20%-30% of their total monthly income. Where two or more children are raised, the proportion may be appropriately increased, but generally must not exceed 50% of the monthly income. The "gross monthly income" here refers to the total salary, including salary, bonuses, etc.
An investigation may be made by applying for a court investigation order.
2. If there is no fixed income, the amount of child support can be determined according to the income of the current year or the average annual income of the same industry, with reference to 1. Generally, the average annual income and average annual living expenses are determined by reference to the road traffic accident compensation items.
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.
The medical expenses of the child's serious illness and terminal illness are limited to the amount that can be reimbursed by the social medical insurance, such as the cost of kidney replacement due to kidney failure, the cost of bone marrow transplantation for the child suffering from leukemia, etc., are not included in the list of child support, and the parents only have the moral responsibility to bear the expenses, but there is no legal obligation to bear the expenses.
Legal basis:Article 1085 of the Civil Code of the People's Republic of China.
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 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 request to either parent when necessary to exceed the amount originally set in the agreement or judgment.
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1. If the birth behavior of the party occurs in his current place of residence, the family planning administrative department of the people's ** at the county level of the current place of residence shall make a decision on expropriation in accordance with the collection standards of the current place of residence; 2. If the birth behavior of the parties occurs in the place of their household registration, the people's family planning administrative department at the county level where the household registration is located shall make a decision on expropriation in accordance with the collection standards of the place of household registration; 3. When the person's birth behavior occurs, the county-level people's ** family planning administrative department at the place of his current residence or household registration is discovered at the end, and then the county-level people's ** family planning administrative department that first discovers his childbearing behavior shall make a collection decision in accordance with the local collection standards. Where a party has already been levied social maintenance fees in one place, social maintenance fees are not levied again in another place for the same facts.
According to the provisions of the Marriage Law, if the relationship between the husband and wife has indeed broken down, a divorce may be granted. For the issue of child support, it is necessary to carefully confirm the circumstances of both parties from the perspective of being conducive to the child's growth, but the child during the breastfeeding period is generally awarded to the woman for support, if it is not a lactation period, it is necessary to see that party is more suitable for the child's growth and solicit the child's own opinion. The parent who does not support the child should pay monthly maintenance, which is generally between 20 and 30% of the annual income. >>>More
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In principle, maintenance after the divorce of the parents is generally paid 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 can maintain the general living standard of the local area, the parents may also stop paying child support. However, in special cases, even if the child reaches adulthood, if the parents can afford it, they still have to pay for their child support. >>>More