First, the actual needs of children
The actual needs of children are the main factor in calculating alimony. This includes children's living expenses, education expenses, medical expenses and other daily expenses. The court will reasonably determine the actual needs of children according to their age, health status and educational needs.
Second, parents' tolerance.
The affordability of parents is another important factor in calculating alimony. The court will consider parents' income, property status, professional characteristics and other factors to judge whether parents have the ability to pay maintenance. If the parents' income is low or their property status is not good, the court may appropriately reduce the maintenance fee.
Third, the local actual living standards.
The actual living standard of the local area is also a reference factor in calculating the maintenance fee. There are differences in the level of economic development and price in different regions, so the amount of maintenance will be different. The court will reasonably determine the amount of maintenance according to the local actual situation.
In addition to the above three main factors, the court will also consider other factors that may affect the amount of alimony, such as the special needs of children and parents' willingness to support.
In terms of the payment method of alimony, the court will generally decide to pay it regularly, such as paying a certain amount of alimony every month or quarter. You can also decide to pay in one lump sum or in installments according to your parents' income and actual needs.
It should be noted that the maintenance amount is not fixed. With the growth of children's age, the improvement of educational demand and the change of parents' economic situation, the amount of maintenance may also be adjusted. Therefore, both parties can apply to the court to adjust the amount of maintenance according to the actual situation.
To sum up:
The calculation of alimony for divorced children in 2024 is mainly based on the actual needs of children, parents' affordability and local actual living standards. The court will comprehensively consider the situation of all parties and decide the reasonable amount and payment method of maintenance. When the actual situation changes, both parties can apply to the court to adjust the amount of maintenance.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 1085 stipulates:
After divorce, if the children are 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.
The Supreme People's Court's Interpretation on the Application of the Marriage and Family Section of the Civil Code of People's Republic of China (PRC) (I)
Article 49 provides that:
The amount of alimony can be determined according to the actual needs of the children, the affordability of both parents and the local actual living standard.
If you have a fixed income, you can generally pay alimony at the rate of 20% to 30% of your total monthly income. If alimony is paid to more than two children, the proportion may be appropriately increased, but generally it shall not exceed 50% of the total monthly income.
If there is no fixed income, the amount of 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 ratio.
Under special circumstances, the above ratio can be appropriately increased or decreased.