How child support is calculated in the event of a divorce

Legal Analysis: The standard for the payment of child support 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 local area.

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. Legal basis: Article 1076 of the Civil Code of the People's Republic of China Where a 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 gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been 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.

The amount of child support in the event of a divorce depends mainly on the actual needs of the children, the affordability of the parents, and the local standard of living. 1. If you have a fixed income, child support can generally be paid at a rate of 20 to 30 of your total monthly income. Where two or more children are supported, the proportion may be appropriately increased, but generally not more than 50 percent of the total monthly income.

2. If there is no fixed income, the amount of maintenance can be determined according to the total income of the current year or the average income of the same industry, with reference to the above proportion. If there are special circumstances, the above proportion can be appropriately increased or decreased.

Article 49: The Supreme People's Court's Interpretation (1) of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China Article 49.

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

If it is raised by the woman, then the man has to pay the daughter every month, child support! And then every month should be! The court decided that for example, 2,000 yuan a month, may not be lower than a local consumption level at that time?

It may be up to the local government to determine the amount of this fee.

How to calculate child support in the event of divorce: The divorced parties add up their salaries together and give the children maintenance in proportion to the amount of child support, and if there are special circumstances, the court will decide.

Based on local personal living expenses.

The calculation of the local standard of living and one's own economic income can be negotiated between the two parties or decided by the court.

The amount of child support 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 who have a regular income, child support is generally paid at the rate of 20 to 30 percent of their total monthly income. Where two or more children are responsible for raising expenses, the proportion may be appropriately increased.

If there is no fixed income, the amount of child support allowance may be collected on the basis 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.

Child support after divorce includes living expenses, education expenses, medical expenses, etc. According to the relevant laws and regulations of our country, after the 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 expenses and term of the family shall be negotiated by both parties; If the agreement is not reached, the people's court shall make a judgment. An agreement or judgment concerning the child's maintenance and education expenses shall not prevent the child from making a reasonable demand against either parent, if necessary, in excess of the amount originally set by the judgment.

Article 42 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China.

1. If the payer has a fixed income, the amount of Fuyingshan childcare fee can generally be 20%-30% of its total monthly income. For those who are responsible for raising two or more children, the proportion may be appropriately increased, but generally must not exceed 50% of the monthly income.

2. If the payer has no fixed income, the amount of child support allowance may be calculated according to the income of the current year or the average annual income of the same industry, with reference to the above standards;If there are special circumstances, such as the child suffering from a serious illness for a long time, or the child is disabled, it may be appropriately increased.

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;

2. For those who bear the cost of raising two or more children, the proportion may be appropriately increased and shall not exceed 50% of the total monthly income

3. If there is no fixed income, it shall be determined according to the total income of the year or the average income of the industry.

There is no certain calculation for this, it depends on the income level of one party, but also depends on the local economic situation, if the child is destroyed and returned to the woman during the divorce, the income in the south is relatively high, his child support will be more, if it is an ordinary family, the man will lose thousands of dollars a month, and the child support will definitely not be much, this is not a certain standard, and it will take effect only if two people sit down and negotiate.

After the divorce, the child support depends on who the child is with, if it is awarded to the man, then the woman will have to bear half of the money every month, and when the divorce is made, the two of them discuss how much money they have to pay each month!On the contrary, if the tomb is awarded to the woman, the man will also be like this!

How child support is calculated in the event of a divorceGenerally, it is calculated according to the average standard of living of the society, and then both husband and wife bear the maintenance in half.

Child support cannot be lower than the local standard of living, and it is best for two people to discuss, or they can take legal means to let the court decide.

By mutual agreement between the husband and wife, combined with the local standard of living, the amount of alimony will be reasonably calculated.

according to the local standard of living.

The amount of child support is based on the following three aspects: The actual needs of the child;Affordability of both parents;The actual standard of living in the local area.

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

For those with a fixed income, the amount of child support allowance 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.

If there is no fixed income, the amount of child support may be determined by reference to the income of the current year or the average annual income of the same industry.

Generally, the average annual income and average annual living expenses of Yejuhu are determined by referring to the "Reference Standards for Road Traffic Accident Compensation Items".

If there are special circumstances, such as a child suffering from a serious illness for a long time, or a child with a disability, it may be appropriately increased.

Calculation of child support in the event of divorce: Maintenance is generally calculated based on the actual needs of the child, the local standard of living, and the actual affordability of both parents. If the father or mother of a child has a fixed monthly salary, maintenance may generally be paid at the rate of 20 to 30 per cent of the child's gross 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.

Legal basis] Article 49 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China.

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. For those who bear two or more child support, the proportion may be appropriately increased, but it shall 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 payments shall be made on a regular basis, and may be paid in a lump sum if there are any obscurities.