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Legal analysis: There are three ways to pay child support: 1. In general, child support can be paid regularly; 2. A lump sum payment can be made if economic conditions permit; 3. If one party has no economic income or whose whereabouts are unknown, his or her property may be used to offset the child's support expenses.
In most cases, maintenance is paid on a monthly basis, which is credited to a dedicated account for maintenance.
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 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.
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Legal Analysis: The payment of child support in divorce is based on regular payments, generally monthly, quarterly or annual; It may also be paid in a lump sum, with the need to raise the child until the age of 18, calculate the total amount of child support required to raise the child until the age of 18 and pay it in a lump sum.
Legal basis: Civil Code of the People's Republic of China
Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.
The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.
Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.
People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.
In any of the following circumstances, if mediation fails, a divorce shall be granted:
1) bigamy or cohabitation with another person;
2) Committing domestic violence or abusing or abandoning family members;
3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;
4) Separated for two years due to emotional discord;
5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
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Generally, whether it is a divorce by mutual agreement or a divorce through court proceedings, there are probably two ways to pay child support:
1. If conditions permit, it can be paid in a lump sum;
2. If the conditions are not met temporarily, it can be paid on a monthly or regular basis, or on a quarterly or annual basis. If there is a consensus that one party can bear all the child support, if one party's ability to support the child is obviously unable to cover the child's expenses and affect the child's healthy growth, it is not. Even if the above-mentioned child support agreement is reached, if after a period of time, the economic situation of both parties does change, and the child's living and education expenses are increased or paid, one party can still sue the court to require the other party to bear the child support.
To sum up, it is the duty of parents to raise children, and even if both parties are divorced, they should fulfill their responsibilities. Child support in the event of a divorce should be calculated on the basis of the monthly salary of the paying spouse, usually 30% of the monthly salary. If there is no fixed income dilemma, the average salary of local workers will be used as the basis for calculation.
The parties can also negotiate how maintenance will be paid, usually on a monthly basis.
According to Article 8 of the Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by the People's Courts, child support payments should be paid on a regular basis, and they may be paid in a lump sum if conditions permit.
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Recurring payments, lump sum payments and trade-in.
Maintenance payments can be made on a regular basis, as a lump sum and as a commute. Specifically, a one-time search payment means that the parent who is not directly dependent pays the maintenance fee in a lump sum. Regular payments mean that maintenance is paid for a fixed period of time.
1. Regular payment.
Depending on the parents' occupation, maintenance should be paid on a regular basis in principle. A parent who has a regular income or no regular income but has a substantial monthly income shall pay monthly child support; Parents who are engaged in agricultural production or have higher incomes may also be paid quarterly or annually.
2. One-time payment.
In some cases, maintenance can also be paid in a lump sum. For example, the parties have sufficient financial capacity and are qualified to pay a lump sum alimony to the child; In addition, for divorce cases, child support is generally paid in a lump sum to avoid difficulties in enforcement in the future.
3. Discount in kind.
Under special circumstances, the parties are unable to pay child support in cash, and they can be discounted in kind. It is mainly applicable to the party who has no economic income or whose whereabouts are unknown, and the amount of property belonging to the party with no economic income or whose whereabouts are unknown shall be deducted from the maintenance and handed over to the party raising the child in accordance with the determined amount of alimony. Recurring payments, lump sum payments and trade-in.
Maintenance payments can be made on a regular basis, as a lump sum and as a commute. Specifically, a lump sum payment means that the parent who does not directly support the child will pay the maintenance fee in a lump sum. Regular payments mean that maintenance is paid for a fixed period of time.
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There are three ways to pay child support:
In general, maintenance can be paid on a regular basis;
If the economic conditions allow, it can be paid in a lump sum;
Where one party has no economic income or whose whereabouts are unknown, their assets may be used to offset the child's blind child support expenses.
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Hello, there are two ways to pay child support:1If conditions permit, a lump sum payment may be made; 2.
If the conditions are not met for the time being, it can be paid on a monthly or regular dry period, or it can be paid quarterly or annually by positive tire. If there is a consensus that one party can bear all the maintenance expenses of Kuancheongdong, if the support ability of one party is obviously not able to cover the expenses required by the children and affects the healthy growth of the children, it is not.
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Child support can be paid in cash, online down payment, bank payment, or payment by others.
This is mainly based on the provisions of the divorce agreement of your trouser shack.
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According to the provisions of the Marriage Law, "parents have the obligation to raise and educate their children; Children have an obligation to support their parents. According to the law, the obligation of parents to support their children generally ends at the age of 18 years.
If the parents are over 18 years old, they have no legal obligation to support them, and the parents will usually voluntarily bear the tuition and living expenses of their children during college based on emotional considerations, but the court will not support the child's lawsuit demanding that the parent who does not directly raise the child pay the maintenance fees during the college period.
There are two types of payment for child support.
1) One-time payment: Although some people are skeptical about this payment method, due to the obvious increase in people's economic income, job transfers are also more frequent.
At the same time, it also takes into account the efficiency of the people's courts' enforcement; Most of them do this when the courts deal with divorce and child support. So this is also the easiest way to be accepted by the majority of the people.
2) Regular payments and discounts in kind. Couples who pay monthly, quarterly or annually generally use regular payments, while in-kind payments are often used for the missing parent.
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Children's living expenses, tuition fees, marriage and buying a house.
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Hello, generally speaking, there are three main ways to pay child support, one is to take the regular payment, that is to say, how much to give a month, or how much to give to a stupid person for a year or how much to give a year, and another is how much money to give at one time, and then there is a relatively rare one that is to be discounted in kind.
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The law stipulates that maintenance should be paid on a regular basis, and can be paid in a lump sum if conditions permit, such as the removal of limbs. If the party who pays alimony has no financial income or whose whereabouts are unknown, his or her property can be used to offset the alimony.
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There are two types of alimony payments: 1If conditions permit, a lump sum payment may be made; 2.
If the conditions are not met for the time being, it may be paid on a monthly or regular basis, or it may be paid quarterly or annually. If there is a consensus that one party can bear all the maintenance expenses of Brother Dong Wei, if one party's ability to support the children is obviously unable to guarantee the expenses required by the children, affecting the healthy growth of the children, it is not.
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There are several ways to pay child support:
1. Under normal circumstances, child support expenses can be paid on a regular basis;
2. A lump sum payment can be made if economic conditions permit;
3. If one party has no economic income or whose whereabouts are unknown, his or her property may be used to offset the child's custody expenses.
In practice, many parties require the other party to pay maintenance in a lump sum, because this saves the trouble of asking for money, and can be discounted to pay the other party's house payment. However, whether to adopt a one-time payment method depends on the actual ability of the other party to pay, as well as the attitude of the other party. If the parent who does not directly support the child does not agree to the lump sum payment, the court will not order the lump sum payment.
Alimony is not just about living expenses. "Alimony" includes three items, namely, living expenses, education expenses, and medical expenses. Therefore, in the case of divorce, in addition to living expenses, it is necessary to give full consideration to education expenses and medical expenses, and strive for a higher proportion within the standard range of maintenance (20 to 30%).
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There is no specific period for the mediation period, as long as it is within the time limit of the civil lawsuit, and on the issue of child support, you can ask the court to freeze his salary account and debit your child's support from his account every month when you apply for enforcement in the future.
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