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Let me tell you, when you go to the court, you will say that you can only open 256, and you will say that your average for the whole year is probably in this range, and you must know that the court will not check you!
But your wife knows how much you drive, right, or you can tell the court, now the benefits and so on!
As for child support, I estimate it to be about twenty percent of your salary!
Actually, if your child is a girl, you might as well raise it yourself! If it's a boy, give it to her!
Hope it helps, good luck!
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1. The alimony is 20% to 30% of the income, and the specific percentage is a few percent, and when the negotiation fails, the judge shall determine it according to the actual needs of the child, the local living standard, and the economic conditions of both parties.
2. The income in child support should be based on the actual income received.
3. Generally, only the income in the case of full attendance is considered, and the situation of "if you take a break" will not be considered, after all, it is only a hypothesis.
4. If you are unable to go to work normally for a certain period of time, your income is greatly reduced, and you are unable to bear the original amount of child support, you can sue for a reduction in child support.
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The standard for child support is 20%-30% of the monthly salary.
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The starting point of child support is generally the local per capita minimum living standard, which varies from place to place, of course, if you love your children, there is no limit, you can check the minimum per capita living standard of the place where the child lives.
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1. Lump sum payment Although some people believe that this payment method should be used with caution, at present, due to the significant increase in people's economic income, work transfer is very frequent, and the enforcement efficiency of the court is also taken into account; Divorce decisions involving child support are often mostly done in this way. And this method is accepted by most parties. 2. Regular payment and offset in kind Regular payment is generally paid monthly, quarterly or annually, and the offset in kind is often applicable to the party whose whereabouts are unknown.
The lump sum payment or the discount in kind is generally based on the age of 18 as the bottom line, that is, the specific amount is multiplied by the amount of monthly or annual child support multiplied by the amount of child support until the age of 18, and the total amount is calculated as a total of 1 fine and equal payment. After child support takes legal effect, due to the changing nature of life, when the parents' economic situation, ability to support and the actual living standard of society change, they may file a request to increase, reduce or waive the child support; The reasons for the child's request for an increase in child support include: 1. The original amount of child support is insufficient to maintain the actual living standard of the local area; 2. Due to the child's illness, schooling, etc., the actual need has exceeded the original amount.
If, after the above reasons have occurred, the parent who does not support the child will bear the burden if the cost is not increased, it is obviously not fair. Of course, both living expenses and education expenses should be based on reality, and for the larger amount involved, it must be determined by both parties through consultation, otherwise it will be borne by the party who decides it. The most prominent issue now is the school choice fee.
For example, rural children are sent to aristocratic schools to study. A one-time payment of 50,000 yuan or 100,000 yuan should be borne by both parties through negotiation. As for the reduction and exemption of child support fees, it is mainly aimed at the reduction of the dependent's ability to pay and the reduction of economic income; or if the child is under the age of 18 but has earned income and is able to support his or her own living needs with his or her own income.
Since in practice, monthly payments are relatively large, so the majority of changes in maintenance are increased.
According to the judicial interpretation of the Supreme People's Court on the application of the marriage and family section of the "Civil Code of the People's Republic of China", the amount of alimony can 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 who have a regular 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.
Where there is a 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.
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A: The amount of child support can 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 who have a fixed income, the annual allowance for raising Hui Hui can generally be paid at the rate of 20% to 30% 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.
Legal basis: Interpretation (1) of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China
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.
Article 50: Maintenance fees shall be paid on a regular basis, and may be paid in a lump sum where conditions permit.
Article 51: Where one of the parents has no economic income or whose whereabouts are unknown, their property may be used to offset child support.
Article 52: Both parents may agree that one party will directly raise the child, and the party directly raising the child will bear all child support. However, where the ability of the party directly raising the child is clearly unable to guarantee the child's necessary expenses, and affects the child's healthy growth, the people's court will not support it.
Article 53: The period for payment of child support is generally until the child reaches the age of 18.
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 local area, may stop paying child support.
Article 54: When a biological father divorces a stepmother, or a biological mother divorces a stepfather, where the stepfather or stepmother does not agree to continue to raise a stepchild who has been raised and educated by him, the biological father or mother shall still raise the stepchild.
Article 55: After a divorce, where one of the parents requests a change in the child support relationship, or the child requests an increase in child support, a separate lawsuit shall be initiated.
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Article 7 of the Specific Opinions on the Handling of Child Support Issues in Cases of Divorce and Marriage by the People's Courts stipulates that the amount of child support may be determined according to the actual needs of the children, as determined by the affordability of both parents and the actual living standards of the locality. If you have a regular income, maintenance can generally be paid at a rate of 20 to 30 percent of your gross monthly income. If you are responsible for the maintenance of more than two children, the proportion can be appropriately increased, but generally not more than 50% of the total monthly income.
If you have a regular income, the amount of child support can be determined based on the total income of the year and the average income of the industry. If there are special circumstances, the above proportion can be appropriately increased or decreased. Article 8 provides:
Child support payments should be made on a regular basis, and may be paid in a lump sum if conditions permit.
Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts, Article 7, Article 8:
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
The Supreme People's Court's specific opinions on the handling of children's issues in divorce cases are supported. >>>More
Article 37 of China's Marriage Law stipulates: "After divorce, if one party raises a child, the other party shall bear part or all of the necessary living expenses and education expenses, 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. >>>More
Yes, in the name of the child.
According to Article 36 of the Marriage Law, the relationship between parents and children shall not be extinguished by the divorce of the parents. >>>More
After the divorce, the child's mother does not give child support, which can be sued, but after all, the husband and wife are the same, and they are also the child's biological mother, so they can negotiate if they can, and mediate if they can, so don't embarrass the child in the middle in the future. >>>More