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It doesn't affect. 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.
8. The childcare fee should be paid regularly, and it can be paid in a lump sum if conditions permit.
Therefore, the amount of child support can 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.
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No, if two people can negotiate, it's fine.
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Legal analysis: After the divorce, the child support can be paid according to the following standards: 1. For those with a fixed income, the payment standard is 20% to 30% of their total monthly income; 2. The payment standard for those without fixed income 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 ratio can be appropriately reduced or increased according to the actual situation.
After the amount of alimony is determined, the following two methods are often adopted: first, a lump sum payment; 2. Regular payments and in-kind discounts.
Legal basis: Article 1085 of the Civil Code of the People's Republic of China After divorce, if the children are directly raised by one party, the other party shall bear part or all of the maintenance expenses. 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 may not impede the child's reasonable demand to either parent in excess of the original amount of the agreement or judgment when necessary.
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Legal analysis: The amount of child support to be paid is generally settled by the man and woman through negotiation, and the two parties cannot negotiate the upgrade to solve the lawsuit to the court, and the court will judge according to the financial ability of both parties and the actual cost of the child.
Legal basis: 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 alimony 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 children are supported, 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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Legal Analysis: Alimony after divorce is generally paid to the dependant at the age of 18. Special Cases:
Parents who are over 16 years old but under 18 years old, whose main livelihood is their labor income, and who can maintain the general living standard of the locality, may stop paying child support; Where adult children who are not yet living independently need to be supported by their parents, and the parents have the ability to pay, they should still bear the necessary maintenance expenses.
Legal basis: Civil Code of the People's Republic of China
Article 18: Adults are persons with full capacity for civil conduct and may independently carry out civil juristic acts. Minors over the age of 16 who rely on their own labor income as their main livelihood** are to be regarded as persons with full capacity for civil conduct.
Article 26: Parents have the obligation to raise, educate, and protect their minor children.
Article 1058:Husband and wife equally enjoy the right to raise, educate, and protect minor children, and jointly bear the obligation to raise, educate, and protect minor children.
Article 1067:Where parents do not perform their obligation to support them, minor children or adult children who are unable to talk about independent living have the right to demand that their parents pay child support. Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.
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