How to calculate child support after divorce

After a divorce, the parent who does not live with the child determines the amount of alimony based on his or her income.

1. The amount of child support expenses may be determined according to the actual needs of the children, the affordability of both parents and the actual living standards of the locality.

1. For those who have a fixed income, the child support allowance can generally be paid at the rate of 20% to 30% of the 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.

2. If there is no fixed income, the amount of child support allowance can be based on the total income of the current year or the average income of the same industry.

3. Determine with reference to the above proportions. If there are special circumstances, the above proportion may be appropriately increased or decreased.

If the parents are divorced and the child is not married, the court will determine how much to bear according to the local consumption, the child's education expenses, medical expenses, etc., the child's daily needs and the financial ability of the party paying the child support. 1. 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 child support expenses are paid, the proportion may be appropriately increased, but generally must not exceed 50 percent of the total monthly income.

2. If there is no fixed income, the amount of child support may be determined on the basis of the total income of the current year or the average income of the same industry, with reference to the above proportions. If one party has evidence to prove that there are special circumstances, the court may also appropriately increase or decrease the above ratio. 3. If one of the spouses has no financial income or his whereabouts are unknown, the court may also use the property of the spouse who has no financial income or whose whereabouts are unknown to offset the maintenance expenses.

4. If the parent has the financial ability, he or she can pay in a lump sum, and if he cannot pay in full at one time, he or she must pay regularly until the child is 18 years old. If a child over the age of 16 but under the age of 18 is dependent on his or her own labor income as his or her main livelihood and is able to maintain the general standard of living in the locality, the party who pays the child support may stop paying the child support. 5. If, after the judgment of the court, it is found that the child support is not enough to cover the living needs, the party who directly raises the child may file a lawsuit with the court to request a change in the amount of child support.

Legal basisArticle 1085 of the Civil Code: 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. Article 1086 of the Civil Code:

After the divorce, the parent who does not directly raise the child has the right to visit the child, and the other parent has the obligation to assist. The method and time for exercising visitation rights are to be agreed upon by the parties; If the agreement is not reached, the people's court shall make a judgment. Where a parent's visit to a child is detrimental to the child's physical and psychological health, the people's court is to suspend the visit in accordance with law; Visits shall be resumed after the reason for the suspension has disappeared.

Article 42 of the Civil Code, Marriage and Family, and the term "child support" as used in Article 1067 of the Civil Code includes expenses such as children's living expenses, education expenses, and medical expenses. Article 43 of the "Civil Code on Marriage and Family", where both parents or one of the parents refuse to perform their obligation to raise their children during the existence of a marital relationship, and the minor children or adult children who are unable to live independently request the payment of child support, the people's courts shall support it.

Legal Analysis: Child support after divorce is generally paid at a rate of 20% to 30% of one party's gross monthly salary income. If there are more than two children to pay, the proportion of maintenance can be appropriately increased.

Of course, the amount of this maintenance is mainly determined by actual factors such as the actual amount required to raise the child, the economic conditions of both parties, and the standard of living in the place where the family lives. In short, the amount of child support should ensure the healthy growth and development of the child.

Legal basis: Article 7 of the "Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases Heard by the People's Law Absent Courts" 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 who have a fixed income, the child support allowance can generally be paid at the rate of 20 percent to 30 percent of the total monthly income.

Where two or more children are responsible for raising child care 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.

Hello, the parent who does not directly raise the children after the divorce needs to pay child support. The parties can negotiate the amount of alimony first, and if the agreement fails, they can ask the court for a judgment.

From the perspective of judicial practice, the criteria for determining alimony by general courts 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 of two or more children 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.

Child support after a divorce is generally paid by the parent who does not directly support the child. The amount to be paid can be negotiated based on factors such as the child's actual needs and the local standard of living. If the negotiation of Han Lingyu fails, the court will make a judgment with Wang.

However, the child can negotiate with one of the spouses for maintenance if necessary.