Divorce Alimony Standards 2022, Divorce Alimony Standards

According to the judicial interpretation of the Marriage and Family Section of the Civil Code, after the husband and wife agree to divorce, the child support can be paid according to the following standards:

Those with a fixed incomeMaintenance payments are generally payable at the rate of 20 to 30 per cent of their gross 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 based on the total income of the year or the average income of the same industry, with reference to the above ratio.

If there are special circumstances, the above proportion may be appropriately increased or decreased.

According to Article 1085 of the Civil Code, if the children are directly raised by one party after divorce, 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.

How alimony is paid

After the amount of alimony is determined, there is a question of how to fulfill it? In judicial practice, the following two methods are often adopted:

1. One-time payment.

Although some people believe that this method of payment should be used with caution, at present, due to the significant increase in people's economic income, the work transfer is very frequent, and the efficiency of the court's enforcement is also taken into account; When a court decides that divorce involves child support, this is often the case. And this method is accepted by most parties.

2. Regular payment and discount in kind.

Regular payments are generally made monthly, quarterly or annually, and in kind are often applied to the unaccounted party.

The lump sum payment or the discount in kind is generally based on the age of 18, that is, the specific amount is the amount of monthly or annual maintenance multiplied by the amount of child support until the age of 18, and the total amount is calculated as a lump sum payment.

After child support takes legal effect, due to the change in life, when the parents' economic situation, ability to support and the actual living standard of society change, they may file a request to increase, reduce or waive the child support; Grounds for a child to request an increase in child support include:

1) The amount of alimony is not enough to maintain the actual standard of living in the locality.

2) Due to the child's illness, schooling, etc., the actual need has exceeded the original amount.

If, after the above reasons have occurred, the parent who does not support the child will bear the burden if the cost is not increased, it is obviously not fair. Of course, both living expenses and education expenses should be based on reality, and for the larger amount involved, it must be determined by both parties through consultation, otherwise it will be borne by the party who decides it. The most prominent issue now is the school choice fee.

For example, rural children are sent to aristocratic schools to study. A one-time payment of 50,000 yuan or 100,000 yuan should be borne by both parties through negotiation.

Legal Analysis: In divorce cases, when determining the amount of child support, it is generally determined according to the following three criteria: 1. the actual needs of the children 2, the affordability of both parents 3, and the actual living standard of the local area.

Legal basis: Article 1084 of the Civil Code of the People's Republic of China The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.

After divorce, parents still have the right and obligation to raise, educate and protect their children. In the event of a divorce, children under the age of two shall be raised directly by their mothers. Where the parents of a child who has reached the age of two or two years of celebration have a banquet and the parents fail to reach an agreement on the issue of raising the child, the people's court shall make a judgment in accordance with the principle of the best interests of the minor child on the basis of the specific circumstances of both parties.

Where children have reached the age of 8, their true wishes shall be respected.

Different regions, different standards.

How to calculate the standard of child support after divorce in 2022 1. Those who have a fixed income. According to the proportion of 20 to 30% of the total monthly income, for first-tier cities such as Beijing, Shanghai, Guangzhou, and Shenzhen, the specific amount principle is in control800 2000 yuan per month。How to calculate the standard of child support after divorce in 2022 1. Those who have a fixed income.

According to the proportion of 20 to 30% of the total monthly income, for first-tier cities such as Beijing, Shanghai, Guangzhou, and Shenzhen, the specific amount principle is in control800 2000 yuan per month。How to calculate the standard of child support after divorce in 2022 1. Those who have a fixed income. According to the proportion of 20 to 30% of the total monthly income, for first-tier cities such as Beijing, Shanghai, Guangzhou, and Shenzhen, the specific amount principle is in control800 2000 yuan per month

How to calculate the standard of child support after divorce in 2022 1. Those who have a fixed income. According to the proportion of 20 to 30% of the total monthly income, for first-tier cities such as Beijing, Shanghai, Guangzhou, and Shenzhen, the specific amount principle is in control800 2000 yuan per month

Title V of China's Civil Code stipulates that child support in divorce includes: children's living expenses, education expenses, medical expenses and other expenses. The standard of child support payment for divorce of husband and wife should be comprehensively considered from the following aspects:

1) The actual needs of children's living, schooling, and medical treatment;

2) Affordability of both parents: If there is a fixed income, the amount of child support can generally be calculated according to 20-30% of the income, and the total salary includes basic salary and relatively stable bonus; If there is no fixed income or the income is too high or too low, it can be calculated based on the average local income.

3) The actual standard of living of the local people.

How to award children in divorce will also involve the payment period of child support, generally speaking, the payment of child support until the child is 18 years old. Parents who are over 16 years old but under 18 years of age, whose main livelihood is their labor income, and who can maintain the general living standard of the locality, may stop paying child support.

If the parents fail to fulfill the obligation to support them, the child who is a minor or who is unable to live independently has the right to demand maintenance from the parents. Children who are unable to live independently refer to adult children who are still in school and receiving high school education or below, or who are unable to maintain a normal life due to non-subjective reasons, such as those who have lost or not completely lost their ability to work. However, if you have a high school degree or higher, such as studying at a university, your parents have no legal obligation to support them.

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Summary. The standard of alimony can be determined as follows: 1. If the husband and wife can reach an agreement on the alimony of the children, then there is no standard, and you can negotiate with each other to pay as much alimony as you are willing to pay; 2. If the negotiation fails, the people's court shall determine it on the basis of the actual needs of the children, the affordability of both parents and the actual local living standards, and where there is a fixed income, it shall pay 20 to 30 percent of the total monthly income; If there is no fixed income, the payment shall be made according to the total income of the current year or the average income of the same industry, and then the proportion of 20 to 30% per month.

The standard of alimony can be determined as follows: 1. If the husband and wife can reach an agreement on the maintenance of the children, then there is no standard, and you can negotiate with each other to pay as much alimony as you want; 2. If the negotiation fails, the people's court shall determine it on the basis of the actual needs of the children, the affordability of both parents and the actual level of local daily disturbance, and where there is a fixed income, it shall pay 20% to 30% of the total monthly income; If there is no fixed income, the payment shall be made according to the total income of the current year or the average income of the same industry, and then the proportion of 20 to 30% per month.

Legal basis: Article 49 of the Interpretation (1) of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family The amount of alimony 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 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 slag collection, the amount of Liang Fan fee in the maintenance can be determined according to the total income of the year or the average income of the same industry, with reference to the above proportion. Where there are special circumstances, the above proportion may be appropriately increased or decreased.

Dear, can you negotiate with the other party on child support?