How much child support should be given for the divorce of the husband and wife

Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts

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 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.

8. The childcare fee should be paid regularly, and it can be paid in a lump sum if conditions permit.

9. If one party has no economic income or his whereabouts are unknown, his or her property may be used to offset the child's custody expenses.

10. Both parents may agree that the child will live with one of the parties, and the raising party shall bear all the child's maintenance expenses. However, if it is verified that the raising party's ability to support the child is obviously unable to guarantee the child's necessary expenses, and affects the child's healthy growth, it is not permitted.

11. The period of payment of child support allowance is generally until the child reaches the age of 18. Parents who are over 16 years old but under 18 years of age, 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 expenses.

12. In any of the following circumstances, adult children who have not yet lived independently, and their parents have the ability to pay, they shall still bear the necessary childcare expenses:

1) Unable to work or not completely incapacitated, but their income is not enough to support their livelihood;

2) Those who are still in school;

3) There is no ability and conditions for independent living.

In the event of a divorce, the general amount of child support is as follows: if the parents have a fixed income, the child support allowance can generally be paid at the rate of 20% to 30% of the total monthly income. If there is no fixed income, the amount of child support allowance can be paid according to the proportion of 20% to 30% of the total income of the year or the average income of the same industry.

If there are special circumstances, the above proportion may be appropriately increased or decreased. Legal basis: Article 49 of the Interpretation (1) of the Supreme People's Court on the Application of the Marriage and Family Section: 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. Article 50: Maintenance fees shall be paid on a regular basis, and may be paid in a lump sum if there are conditions for dispersion.

Legal Analysis:"Alimony", including children's living expenses, education expenses, medical expenses and other expenses. The education expenses of those who are still in school and receiving education at the high school level or below should be borne by them, but because they attend private schools with more expensive fees, the school choice fees paid by aristocratic schools, or the sponsorship fees incurred due to insufficient test scores, should not be considered maintenance fees.

If a child is enrolled in school without the consent of both parents, the parent who does not agree may not pay the fee, and the consenting parent may pay the fee. There is no legal basis for the expenditure of such expenses as the purchase of computers and mobile phones, the expenses of traveling, and the purchase of commercial insurance, etc., and the parents can refuse to pay roughly. The medical expenses of the child's serious illness and terminal illness are limited to the amount that can be reimbursed by the social medical insurance, such as the cost of kidney replacement due to kidney failure, the cost of bone marrow transplantation for the child suffering from leukemia, etc., are not included in the list of child support, and the parents only have the moral responsibility to bear the expenses, but there is no legal obligation to bear the expenses.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife voluntarily divorce from the town, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

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.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Article 1085:After divorce, where 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 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.