Compensation rates for divorce alimony and alimony

After the parents divorce, the specific amount of alimony can be negotiated by both parties, and if the negotiation fails, the court will make a judgment, and the specific standard is not stipulated by the law. Maintenance is generally calculated on the basis of the total household income minus the average standard of living of urban residents of family members, and the remainder is calculated on the basis of the average amount of the number of dependents.

Legal analysisThe court will determine the criteria based on the actual needs of the child, the financial situation of the parents and the local standard of living. For those with a fixed income, the maintenance fee shall be paid at the rate of 20% to 30% of their monthly income, and if they have no fixed income, it shall be calculated with reference to the average income level of the same industry. Alimony is the corresponding fee paid by the younger generation to the elder; In the case of divorce, the husband and wife can only divide the joint property of the husband and wife according to law, and share the maintenance of the children according to the law, including the children's tuition fees.

Since there is no alimony for the divorce of the husband and wife, there is no standard for alimony for the divorce of the husband and wife. The criteria for determining alimony by the people's court include: the local economic level, the actual needs of the dependent, and the financial capacity of the supporter.

Specifically, with regard to the standard of alimony payment for the elderly with urban household registration, the laws, regulations or normative documents issued by various provinces and municipalities on the minimum subsistence guarantee for urban residents have provisions on the calculation methods of alimony and alimony. For the elderly with rural household registration, the data on the annual per capita living expenses of local farmers in the previous year released by the local statistical department are generally used as the benchmark.

It should be pointed out that the amount of alimony to be paid is determined on the basis of the financial situation of the dependent, the actual living standard of the locality and the actual situation of the dependent.

Legal basisArticle 1085 of the Civil Code of the People's Republic of China Where after divorce, 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.

1. What is the standard of alimony for divorce alimony?

1. For those who have 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.

2. If there is no fixed income, the amount of child support can be based on 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 are determined by referring to the "Reference Standards for Road Traffic Accident Compensation Items".

3. If there are special circumstances, such as the child suffering from a major illness for a long time or the child is disabled, it may be appropriately increased.

After a divorce, neither spouse is required to pay alimony to each other.

2. How long is the period for payment of child support?

According to the Supreme People's Court's Interpretation (I) of the Marriage Law, parents' obligation to raise their children ends at the age of 18. Parents are no longer legally obligated to pay for their children's college expenses. At the same time, the judicial interpretation of the Supreme People's Court also clearly points out that when a child is over 18 years old and the parents are still required to fulfill the obligation of child support, it means:

1. The child is still receiving high school education or below.

2. The child is unable to maintain a normal life for non-subjective reasons.

In the case of non-above-mentioned circumstances, the parents do not continue to fulfill the obligation to support them.

3. Change of child support.

Article 18 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 a child's request for an increase in child support shall be supported if the parent has the ability to pay in any of the following circumstances.

1) The amount of the original child support allowance is insufficient to maintain the actual living standard of the locality;

2) Due to the child's illness or schooling, the actual needs have exceeded the original amount;

3) There are other legitimate reasons that should be added. For example, the original standard of alimony is too low.

After the dissolution of the marriage relationship, both parties only have the legal obligation to support the child, and need someone to support them, this is also the parent of both the man and the woman. For example, some women have never worked outside since they got married, and they may not have the ability to work independently after the divorce, but this does not mean that the man has to support the woman indefinitely after the divorce.

Generally speaking, the amount of child support after divorce is determined based on the local income level.

There is no law on alimony for divorce in China, and the party in difficulty in the event of a divorce can request one-time hardship assistance. In the case of child support, the payor is generally between 20 and 30 per cent of the payor's income.

Well, the alimony and alimony of the divorce must be negotiated by two people, and then the divorce agreement is formulated, and it does not mean that the buyer will give you a certain amount of compensation, and there is no explicit provision that there must be compensation.

Hello, the court will determine the maintenance and alimony according to the age and financial income of the child.

Generally, only the maintenance of minor children depends on the income and economic situation.

bonuses, etc. An investigation may be made by applying for a court investigation order.

The compensation for divorce alimony and alimony is as follows:

1. If the payer has a fixed income, the maintenance fee can generally be paid at the rate of 20% to 30% of the total monthly income. If they are responsible for the maintenance of two or more children, the proportion may be appropriately increased, but generally must not exceed 50% of the total monthly income;

2. If the payer has no shareholder income, the amount of child support can be determined based on the total income of the current year or the average income of the same industry, with reference to the above proportion.

Legal analysis: The compensation standard will vary from place to place, and it needs to be judged according to the actual situation of the parties.

Legal basis: Article 1067 of the Civil Code of the People's Republic of China Where parents fail to perform their obligation to support them, minor children or adult children who are unable to live independently have the right to demand that their parents pay child support. Parents who fail to perform their obligation to support adult children, who lack the ability to work and make guesses, or who have difficulties in life, have the right to demand alimony from their adult children.

The criteria for divorce alimony are:

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 children are burdened, the proportion may be appropriately increased, but the proportion must not exceed 50 percent of the total monthly income in a state;

2. If there is no fixed income, the amount of child support may be determined based on the total income of the current year or the average income of the same industry, with reference to the above proportions;

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

When is child support paid.

1. The period of payment of child support is generally up to the age of 18 of the child;

2. Parents who are over 16 years old but under 18 years old, whose labor income is the main livelihood, and can maintain the general living standard of the locality, can stop paying child support.

Legal basisArticle 1084 of the Civil Code of the People's Republic of China.

The relationship between parents and their 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. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.

Legal analysis: maintenance is the elder to the junior, for example, in a divorce case, it is necessary to negotiate the maintenance of the child, and the maintenance is the maintenance of the younger brother from the same generation, such as the elder brother to the younger brother who is physically disabled and has difficulties in life. There is still a clear difference, child support refers to the parents or other people who have the obligation to support the minors, and should be responsible for the responsibilities and obligations of the minors.

Alimony refers to the expenses paid by the husband and wife to each other for their ancillary obligations. Raising a child next to it is to raise. Raising a spouse is supporting.

"Child support" includes expenses such as children's living expenses, education expenses, medical expenses, etc. Therefore, the expenses necessary for the upbringing of minor children are all part of the content of child support, and it is wrong to think that only living expenses and tuition fees are covered. In addition, Article 37 of the Marriage Law stipulates that for children raised by one party, the other party shall bear part or all of the necessary living expenses and education expenses.

Social maintenance fee refers to the fee levied on citizens who do not meet the legal conditions to give birth to children in order to regulate the use of natural resources and protect the environment, and appropriately compensate for the public investment in social undertakings. Social maintenance fees are administrative fees, which are compensatory and mandatory.

Legal basis: "Civil Code of the People's Republic of China" Article 1067 Where parents fail to perform their obligation to support them, minor children or adult children who are unable to live independently have the right to demand that their parents pay child support. Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.

Supporting the dust means that for the elders, after the divorce, the husband and wife are only responsible for supporting their respective parents, and there is no need to compensate for the destruction of the spine. Alimony is not compensation for their children, and they must be paid if they have a stable income. Husband and wife each bear 1 2.

The quota is based on the general standard of living in the locality. Sakurabei.

Alimony is not buried in the statement, alimony is generally 20% of the income, if it is two children, the maximum is not more than 50%, no fixed income, according to the same year bend of the same industry calculation, can be appropriately raised.

There is no alimony, which is the child's obligation to the parents. Child support income ranges from 20 to 1/2 percent of income.

It still depends on the average living standard in your local area, as well as the economic situation of the other party.

Hello, when a couple divorces, it is generally related to the issue of child custody and child support. From the perspective of judicial practice, the standards for the determination of 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 to bear two or more children, and the proportion 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.

The payment method of child support can be roughly divided into: 1. Lump sum payment, where the two parties negotiate the total amount of child support, and one party pays it to the party who obtains child custody in a lump sum; 2. Periodical payments, for example, can be paid monthly, quarterly, or annually to the parent who obtains child custody, generally until the child reaches the age of 18.

If the amount of maintenance is not sufficient, the child may request an increase in the amount of maintenance by agreement or lawsuit, and when the child's original amount of maintenance is not sufficient to maintain the current daily study life, the child has the right to sue the parent who is not directly raising the child to demand an appropriate increase in the child support.

Article 58 of the Interpretation of the Marriage and Family Section of the Civil Code (I): In any of the following circumstances, if a child requests an increase in child support from a parent who can afford it, the people's court shall support it:

1) The original amount of alimony is not sufficient to maintain the actual standard of living in the locality;

2) Due to the child's illness or schooling, the actual needs have exceeded the original amount;

3) There are other legitimate reasons for the increase.

There is no fixed compensation standard for divorce alimony, and most of them are paid according to the percentage of the other party's income.