How much child support should be given each month

Legal analysis: According to the laws of our country, the amount of child support is determined. First of all, the parents shall negotiate, and if the negotiation fails, they may sue the people's court and the people's court shall make a judgment

First, the actual needs of children's growth; second, the actual affordability of both parents; The third is the actual living standard of the locality. For those with a regular income, child support payments can generally be paid at a rate of 20-30% 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% of the total monthly income.

Even if both parents agree that the child will live with one of the parents and the custodial parent will bear all child support, the court should verify whether both parties meet the above grounds.

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.

The standard of payment for the non-directly dependent party shall be 20%-30% of the total monthly income if there is a fixed income; The burden of child support for two or more children generally does not exceed 50% of the gross monthly income. If there is no fixed income, the amount of maintenance may be determined according to the total income of the year or the average income of the same industry, with reference to the above proportions. Of course, if there are special circumstances, the proportion of benefits can be adjusted appropriately.

If one of the spouses has no financial income or is missing, their belongings can be used to offset child support.

Maintenance is generally paid at a rate of 20 to 30 per cent of the gross monthly income.

Article 7 of the Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts stipulates that 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.

The amount of child support may be determined through negotiation between the two parties in accordance with the principle of benefiting the children to the greatest extent possible, and the party with better economic conditions may voluntarily bear more expenses, and the party with living difficulties may bear less appropriately.

For those who cannot reach an agreement and do not directly raise the children and have a regular income, maintenance is generally paid at the rate of 20 to 30 per cent of the total monthly income. Where two or more children are burdened, the proportion may be appropriately increased, but generally must not exceed 50 percent of the total monthly income.

Article 30 of China's Marriage Law stipulates: "For children raised by one party, the other party shall bear part or all of the necessary living expenses and education expenses, 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." When the parties fail to reach an agreement or the agreement is invalid and the people's court needs to make a judgment, the following points should be noted in accordance with the Several Specific Opinions of the Supreme People's Court on the Handling of Property Division Issues in Divorce Cases by the People's Court:

Clause. 1. The amount of child support expenses.

The standard of payment for the non-directly dependent party shall be 20%-30% of the total monthly income if there is a fixed income; The burden of child support for two or more children generally does not exceed 50% of the gross 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 current year or the average income of the same industry, with reference to the above proportions. Of course, if there are special circumstances, the proportion of benefits can be adjusted appropriately.

If one of the spouses has no financial income or is missing, the child support fee can be used to offset the child's maintenance expenses.

Article 7 of the Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts stipulates that 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 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.

Clause. 2. The time limit for the payment of child support expenses.

The period of payment of child support allowance is generally until the child reaches the age of 18. However, there are two exceptions.

First, if the parents are over the age of 16 and under the age of 18, and their labor income is their main livelihood** and they can maintain the general living standard of the local area, the parents can stop paying child support.

Second, if an adult child who has not yet lived independently falls under any of the following circumstances, and the parents have the ability to pay, they should still bear the necessary child support expenses:

Persons who are incapacitated to work or who are not completely incapacitated but whose income is not sufficient to sustain themselves.

Those who are still in school.

There is no capacity for independent living.

Article 21 of Interpretation (1) of the Marriage Law clearly stipulates that "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%).

Clause. 3. Methods of payment of child support expenses.

Maintenance payments should be made on a regular basis. Conditional lump sum payment is possible.

Article 8 of the Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by the People's Courts stipulates that child support shall be paid on a regular basis, and may be paid in a lump sum if conditions permit.

The most worrying thing in the divorce battle is custody, which is related to the child's life. With regard to custody, the core principle is to benefit the interests of minors, and today we will talk about the question of how much alimony should be given.