The standard of maintenance in law is the standard of child support, and the law stipulates the stan

The amount of child support payments is generally 20 to 30 per cent of the gross monthly income. It is determined by agreement between the parents by reference to the actual needs of the children, the affordability of both parents and the actual living standards of the locality. If no agreement can be reached, the court shall make a judgment on the basis of the above principles.

The period of payment of child support is to be determined in accordance with the agreement between the parties, and if there is no agreement, until the child is able to live independently.

Alimony mainly includes the child's living expenses, education expenses and medical expenses. Generally, it is before the children reach adulthood. The specific amount is different for different people in different regions. The main consideration is the actual needs of the children, the local economic level and the ability of the couple to afford.

Article 21 of Interpretation (1) of the Marriage Law clearly stipulates that "alimony" includes three items, namely, living expenses, education expenses and medical expenses.

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.

In general, the criteria for the court to determine maintenance are roughly as follows:

1) The actual needs of the child's life, schooling, and medical treatment;

2) Affordability of both parents: If there is a fixed income, the amount of child support can generally be 20-30% of the income, and the proportion can be appropriately increased, but generally not more than 50% of the monthly income. Fixed income generally refers to wages, which include basic salary, bonuses, subsidies, allowances, etc.; If there is no fixed income, it can be determined according to the income of the current year or the average annual income of the same industry;

3) Local actual living standards: This is related to the large differences in living standards in various parts of China.

If you are not satisfied with the court's decision, you can also appeal to the local intermediate people's court within the statutory time limit for appeal.

Home-to-Home Law Firm focuses on marriage and family matters, and can further communicate if there are relevant legal needs. According to the laws and regulations of our country, the amount of child support expenses for the preparation of the sedan car is determined. It is determined on the basis of the amount of child support and the actual needs of the child, the affordability of both parents and the actual living standard of the locality.

First of all, the parents shall negotiate, and if the negotiation fails, a lawsuit may be filed with the people's court and the people's court shall make a judgment.

Legal basis. Interpretation of the Civil Code on Marriage and Family (1).

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.

The standard of maintenance stipulated in the Civil Code is: if a person has a fixed income, the maintenance fee can generally be paid at the rate of 20% to 30% of the total monthly income; If there is no regular income, the amount of maintenance may be paid in proportion to 20 to 30 percent of the total income of the year or the average income of the same industry.

The law stipulates the standard for child support: if there is a fixed income, the fixed income shall be paid at the rate of 20% to 30% of the total monthly income; If there is no regular income, it will be paid at the rate of 20% to 30% of the total income for the whole year. The appropriate situation ratio can be increased.

I will answer your questions about the standard of child support under the law.

1. The law stipulates the standard for alimony

1. The law stipulates the standard of child support: if there is a fixed income, the fixed income shall be paid according to the proportion of 20% to 30% of the total monthly income; If there is no regular income, it will be paid at the rate of 20% to 30% of the total income for the whole year. The appropriate situation ratio can be increased.

2. Legal basis:

Article 1085 of the Civil Code of the People's Republic of China.

Burden of child support after divorce] After 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.

2. Determination of the amount of child support

The amount of child support takes into account the following three aspects:

1. The actual needs of the child;

2. Affordability of both parents;

3. The actual standard of living of the town or land.

After the divorce, the parent who does not live with the children is divided according to the income status:

1) For those who have a fixed income, the amount of child support 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 with reference to the "Reference Standard for Road Traffic Yuwutong Accident Compensation Project" as the basis.

3) If there are special circumstances, such as the child suffering from a serious illness for a long time, or the child is disabled, it can be appropriately increased.

When determining the amount of alimony, the parties may negotiate first, and if they can reach an agreement, the court will determine it according to the results of the negotiation between the parties. If the parties cannot reach an agreement on the issue of child support, the court will refer to the amount of maintenance paid by the party who did not live with the child during the period of separation, and if no maintenance is paid or there is no separation, then it will be determined based on factors such as the actual needs of the children, the affordability of both parties and the actual living standard of the local area. Generally speaking, if you have a fixed income, child support can generally be paid at a rate of 20%-30% of your total monthly income; Where two or more children are supported, the proportion may be appropriately increased, but generally must not exceed 50% 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 current year or the average income of the same industry, and with reference to the above proportions.

China's marriage law does not have clear mandatory provisions on the standard of child support, but in the specific judgment of the court, the following two standards will be followed. This standard is set on the basis of taking into account the basic needs of the child's life, education, etc., and the court will set the amount according to this standard at the time of litigation.

In addition, if the husband and wife have agreed to determine child support, this standard can also be referred to. In this way, we can also think of this standard as the minimum standard for child support. You can refer to this standard, or you can exceed this standard, but do not fall below this standard, because it is a necessary economic condition to ensure the healthy growth of children.

In general, the court decides the amount of child support, taking into account three aspects, namely, the actual needs of the child, the affordability of both parents and the actual standard of living in the locality. However, the law is too low to avoid paying child support.

There are two ways to bear the standard maintenance fee: agreement between the parents and judgment by the people's court.

A few questions about child support:

1. The amount of child support.

According to the opinion of the Supreme People's Court, for those who have a fixed income, child support fees can generally be paid at the rate of 20% to 30% of their total monthly income.

Calculation of child support. If the husband and wife are divorced through legal procedures and do not live with their minor or children who are unable to live alone, they shall bear the child's support. Maintenance is paid at the rate of 30 per cent of the gross income of the child when there is one child and 20 per cent of the gross income when there are multiple children.

Specifically: It is determined according to the actual needs of the child, the affordability of both parents and the actual living standard in the locality. There are two cases:

1) For those with a fixed income, child support can generally be paid at a rate of 20-30% 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% of the total monthly income. The calculation of total wages shall include basic wages, grade wages, post wages, seniority wages, allowances, bonuses, living allowances and other income.

2) For those who do not have a fixed income, the amount of child support may be based on the total income of the current year or the average income of the same industry in which they live.

For example, the standard of maintenance paid by farmers is generally not lower than the local average. Child support for individual industrial and commercial households, specialized contractors, and private business owners shall be paid according to their business conditions and actual profits. Where one party has no economic income or whose whereabouts are unknown, their property may be used to offset child support expenses.

2. Payment method of child support.

First, maintenance should be paid on a regular basis.

Periodic payments, usually in months, quarters, or years. One party has a regular monthly income, and maintenance should be paid on a monthly basis; If there is no fixed monthly income, it can be paid on a quarterly or annual basis, whether it is a monthly or quarterly, semi-annual or annual regular payment, which should be specified in the mediation agreement or judgment in order to facilitate enforcement.

How the standard of alimony is determined.

1.The actual needs of the child's living expenses, education expenses, and medical expenses.

The principle of determining the amount of maintenance is to be conducive to the healthy growth of the child. Then, when determining the amount of child support, the first thing to consider is the actual living expenses, education expenses, and medical expenses of the children before the divorce of their parents. Some children have better living conditions before their parents divorce and have enrolled in various study classes, and when their parents divorce, these circumstances should be taken into account and the children's previous living conditions should be maintained as much as possible.

In order to avoid the divorce of parents, causing too much psychological panic to children.

Of course, it is also inappropriate for parents to ignore the actual needs of their children when they divorce and raise their alimony requirements for no reason as a condition for divorce.

2.Financial earning capacity of both parents.

The financial capacity of the parents, especially the ability of the party paying the maintenance, to pay should also be taken into account in determining the amount of maintenance. those with strong ability to pay should bear more appropriately; If the ability to pay is weak, it is appropriate to bear less.

In 1993, the Supreme People's Court issued a judicial interpretation on the issue of child support, stipulating that: "For those who have a fixed income, maintenance can generally be paid at the rate of 20% to 30% of their total monthly income; Where two or more children are burdened, the proportion may be appropriately increased, but generally must not exceed 50% 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. "In practice, many people still insist that this standard be followed.

Although this provision has not been revoked, it no longer applies. Today, 15 years later, China's economic development has taken a huge leap, and many families have a monthly income of tens of thousands, or even hundreds of thousands, and it is obviously not necessary to pay child support at the standard of 20 to 30 percent. Therefore, it should also be combined with the actual needs of children for reference.

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2 3.The level of consumption of residents in the place where the children live.

When determining the amount of child support, the level of consumption of the population in the place where the child lives is also an important indicator. On the basis of this criterion, it is clear that maintenance payments that are too high or too low are inappropriate.

In recent judicial practice, if the parties have a large dispute over the specific amount of child support, and the economic income of the party who is obligated to pay child support is unstable, the people's court will often use the local residents' consumption level as the standard for determining the amount of child support.

The parent who does not support the child should pay child support, which is generally 20-30% of the party's income. Child support includes living expenses, education expenses, medical expenses, etc. The specific amount of child support should also be determined according to the standard of living in the city where the child is located and the actual living needs of the child.

Check the per capita consumption level in your province and then x the number of years for which maintenance should be paid.

There are regional differences in the amount of child support required by law, depending on which city you are in, whether you have a farm or a town hukou.

With regard to child support, in principle, one party should support the child, and the other parent should pay the maintenance (including the child's living expenses, education expenses, and medical expenses), and at the same time enjoy the right of visitation. According to the relevant judicial interpretations of the Marriage Law, the specific standard for alimony is that for those with a fixed income, the amount of alimony is generally 20% to 30% of the monthly income, and for those who are responsible for two or more children, the proportion may be appropriately increased, but generally not more than 50% of the monthly income. If there is no fixed income, the proportion of the income of the current year or the average annual income of the same industry is the same as that mentioned above (20% to 30%).