I want to divorce the child for only a few months, how can I pay child support

The law stipulates that within one year of the birth of a child, only the woman has the right to file for divorce, and the man does not have this right, unless the man has a court recognized grounds for divorce.

If the woman files for divorce and the child is directly raised by the woman because she is breastfeeding, the man needs to pay child support, the specific amount and payment method shall be settled by agreement between the two parties.

If the relevant agreement cannot be reached, it can be resolved by suing in court.

Marriage Law: Article 34 The man shall not file for divorce during the woman's pregnancy, within one year after giving birth or within six months after the termination of pregnancy. This restriction does not apply if the woman files for divorce, or where the people's court deems it truly necessary to accept the husband's request for divorce.

Article 36: The relationship between parents and children is not extinguished by the divorce of parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent.

After divorce, parents still have the right and obligation to raise and educate their children.

After divorce, the child who is breastfeeding shall be raised with the nursing mother. If the two parties cannot reach an agreement due to a dispute over the custody of a child after breastfeeding, the people's court shall make a judgment based on the rights and interests of the child and the specific circumstances of both parties.

Article 37: 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.

If you are a man, the law stipulates that the child is breastfeeding, and the court will not grant a divorce!

The country has standards for child support. 20-30% of monthly income.

The alimony is generally the local per capita consumption expenditure of the previous year, and it is about 1,000 yuan per month in Jiangsu.

No alimony! The child brings it himself! Just let the man pay child support! The child is too young to leave his mother.

Legal analysis: After divorce, the amount of child support can be determined according to the actual needs of the children, the affordability of both parents and the actual living standard of the locality.

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 child support may be determined on the basis of the actual needs of the children, the affordability of both parents and the actual local standard of living. 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.

1. How much is the monthly child support for divorce.

1. The standard of one month of child support for divorce between husband and wife:

1) If there is a fixed income, the proportion of 20% to 30% of the total monthly income shall be paid monthly maintenance;

2) If there is no fixed income, the maintenance fee shall be paid in the proportion of 20% to 30% of the total income of the current year or the average income of the same industry every month.

2. 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 demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

2. How many years of child support for divorced children.

1. In principle, the term of support refers to the payment of child support expenses until the child reaches the age of 18;

Parents who are over the age of 18 and whose main livelihood is their labor income and who are able to maintain the general living standard of the locality, may stop paying child support.

The special period refers to the period during which the child will still have to bear the child's maintenance expenses according to the parents' financial ability after they reach adulthood, and the period of cessation depends on the specific circumstances.

After a divorce, 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.

According to the relevant provisions of the Supreme People's Court's "Specific Opinions on Several Split Drafts 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 laws and regulations to properly resolve the issue of child support, proceeding from the interests of the children's physical and mental health, protecting the lawful rights and interests of the children, and taking into account the specific circumstances such as the parents' ability to raise and the conditions for raising them. 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 paid for child support, 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.

The child's maintenance is not based on the child's hidden silver, but is calculated based on the monthly fixed income of the child's parents, which is generally 30% of the monthly fixed income. Cons of renting.

This needs to be negotiated by the two of you, although you are divorced, but the responsibility for the child can not be reduced, try to give the child a better life than Changxiang, and not let the child be harmed, so I think it is better to give a little more banquet to the code.