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Article 37 of the Marriage Law of the People's Republic of China After a divorce, the other 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 is not reached, 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. "Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts"7. 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.
How the amount of maintenance in this paragraph is determined.
The amount of child support takes into account the following three aspects: the actual needs of the child; affordability of both parents; The actual standard of living in the local area.
Zongheng Legal Network-Guangdong Decheng Law Firm-Guizhu Lawyer.
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How much is the state regulation of child support after divorce and how is it regulated.
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It's not the same in different regions, **?
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The legal provisions for the standard payment of child support after divorce are as follows:
1. For those who have a fixed income, they can generally take 20 to 30 percent of their total monthly income as the standard, and if they bear two or more child support, the proportion can be increased to 50 percent;
2. If there is no fixed income, the standard can be determined based on the total income of the current year or the average income of the same industry, with reference to the above proportion.
[Legal basis].
Article 42 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.
"Child support" as used in Article 1067 of the Civil Code includes expenses such as children's living expenses, education expenses, and medical expenses.
Article 49.
The amount of maintenance 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 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.
The above is only the current information combined with my understanding of the law, please refer to it carefully!
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
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The national standard for divorced child support is absolutely deferred, and it needs to be paid according to different circumstances, as follows:
1. According to the actual needs of children;
2. The ability of both parents to bear;
3. The actual living standard of the local area is determined;
4. If you have a fixed income, you can generally pay child support at the rate of 20% to 30% of the total monthly income;
5. If there is no fixed income, the amount of child support allowance 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-mentioned brightness and closure ratio;
6. If there are special circumstances, the above proportion can be appropriately increased or decreased.
[Legal basis].Article 1084 of the Civil Code of the People's Republic of China.
The relationship between parents and children is not extinguished by the divorce of the 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. Where the parents of a child who has reached the age of two cannot 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 that is most beneficial to the adult child who has not been merged. Where children have reached the age of 8, their true wishes shall be respected.
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Article 1085.
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 demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.
Article 1086.
After the divorce, the parent who does not directly raise the child has the right to visit the child, and the other parent has the obligation to assist.
The method and time for exercising visitation rights are to be agreed upon by the parties; If the agreement is not reached, the people's court shall make a judgment.
Where a parent's visit to a child is detrimental to the child's physical and psychological health, the people's court is to suspend the visit in accordance with law; Visits shall be resumed after the reason for the suspension has disappeared.
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
1. Which of the two times of the award is the exact time of divorce? >>>More
Civil Complaint.
Plaintiff: Female, born on October 2, 1995, Han nationality, from the city, living in the unit number of the residential area of the city district. >>>More
It is possible to see the children after the divorce, which is legally known as visitation rights. The right to visit, also known as the right to meet and communicate, refers to the right of the parent who does not directly raise the child after the divorce to visit, contact, meet, socialize, and live together with the minor child for a short period of time. Article 38 of the Marriage Law provides: >>>More
If the other party does not pay child support, it can be resolved through legal means through litigation, and the court will support it. Giving the child to the other party is a change of custody of the child. It is also possible for both parties to negotiate and agree. Otherwise, you can go to the legal consultation post and ask a specialized marriage and family lawyer.