For children raised by one party after divorce, the other party shall bear part or all of the necessary living and education expenses, and the amount and duration of the expenses shall be agreed upon by both parties; If the agreement fails, the people's court shall make a judgment.
According to the provisions of China's marriage law, child support mainly includes living expenses, education expenses, medical expenses and other expenses. Generally speaking, according to the ability of the dependents, the proportion of alimony payment is divided into the following four situations:
1, fixed income group
If you have a fixed income, you can pay child support at the rate of 20~30% of the total monthly income, which can appropriately increase the proportion of two child support, but generally it does not exceed 50% of the total monthly income.
2. high-income people
If it is higher than the above range calculated according to the above ratio, it can break through the above range. If there are no special circumstances, generally not more than 3000 yuan/month.
3. Low-income people
If it is calculated according to the above ratio and is lower than the above range, and there are many other properties, the case can be judged according to the above range; If there is little or no property, the specific raising ability can be lower than the above range to ensure the minimum living standard of children.
4. People without income.
Children's support can be paid with property, and children's support should be paid in principle if they have the ability to work, and the minimum living standard of children should be guaranteed.
5. For special circumstances such as children's serious illness and studying abroad (with the consent of both parties), the judgment can go beyond the above scope.
Payment method of child support
Under normal circumstances, the payment period of child support is from the date of divorce to the age of 18. Under special circumstances, the payment period may be appropriately extended or shortened. At present, the commonly used payment methods are as follows:
I. One-time payment
One-time payment is a payment method used when one party's income is unstable or his place of residence is not fixed, and there may be long-term arrears of maintenance. Therefore, in the past practice, some people think that this payment method should be used cautiously, and the court rarely supports one-time payment of maintenance.
However, due to the substantial increase in people's income and frequent job transfer, the efficiency of court execution is also a consideration. When the court decides that divorce involves child support, it often adopts this method. And this method is accepted by most parties.
Second, regular payment.
Regular payment is generally a monthly, quarterly or annual payment of child support, which is suitable for the situation where one party's income is relatively stable. Generally speaking, it is more conducive to the protection of children's normal life to advocate regular payment of child support.
Third, giving in kind.
At the same time, the law stipulates that if one party has no economic income or his whereabouts are unknown, he can use the property under his name to pay the maintenance fee.
In fact, no matter whether the relationship between husband and wife is harmonious or not, the growth of children should be put in the first place. Even after divorce, we should give our children financial and spiritual support to make them become an optimistic and cheerful person.
Legal basis:
Article 1085 of the Civil Code stipulates that after divorce, if a child is directly raised by one party, the other party shall bear part or all of the support. The amount and duration of the expenses shall be agreed upon by both parties; If the agreement fails, the people's court shall make a judgment.
The agreement or judgment stipulated in the preceding paragraph shall not prevent the children from making reasonable demands to either parent over the original agreement or judgment when necessary.