However, if an adult child belongs to a person with limited capacity for civil conduct, that is, a mental patient or a disabled person, and cannot live independently, parents still have the obligation to support him.
When a child reaches the age of 18, he/she asks the other party for support in several situations:
First, if it is the alimony owed by the other party after the divorce and before the child is under 18 years old, then the child can sue the other party for payment when he is an adult.
Secondly, if it is the cost of going to college after the child reaches the age of 18, it is generally not required, unless both parties clearly express their willingness to pay the living expenses and college tuition after the child reaches the age of 18 in the divorce agreement.
3. If the child is disabled, mentally retarded, identified as a person with no or limited capacity for civil conduct, and has no ability to live independently, then parents are obliged to always pay the child's living expenses, medical expenses, etc. Regardless of age.
1. How much should alimony be paid?
Due to the different social division of labor, the work of the parties is also different. Judging from the existence of fixed income, it can be divided into the following categories:
1. If there is a fixed income, the amount maintained can generally be 20%-30% of the income. The burden of raising more than two children can be appropriately increased, but generally it does not exceed 50% of the monthly income. The total wages here should include wages, relatively fixed bonuses and so on. (you can't just determine the total amount by the amount of the payroll. In case of false report or concealment, the other party may apply to the court for investigation to determine the number of people. )
2. If there is no fixed income, the amount of childcare fee can be based on the income of the current year or the average annual income of the same industry, and its proportion is the same as the first point. (This point is mostly based on the average annual income and average annual living expenses determined by the reference standard of Road traffic accident compensation Project issued by the traffic police department of this province and city. )
3, for the existence of special circumstances, such as private entrepreneurs, disabled children, should be appropriately considered to increase or decrease; We should start from the actual needs of children.
Second, the change of maintenance fee.
The change of alimony includes three situations: increase, decrease and exemption. When necessary, the child proposes to increase the maintenance fee, and the original amount is difficult to maintain the children's living needs except for price adjustment; Or children's education, the actual cost of raising more than the original amount; It may also be because the child is ill and the adoptive parents are unable to pay all the medical expenses; Or the economic income of the party with the obligation to pay has increased significantly. In this case, children are far from their living standards. On the other hand, the party who has the obligation to pay can also reduce the payment of maintenance under special circumstances. Reducing payment mainly means that the payer is unable to pay the original amount due to long-term illness or loss of working ability, and if the parent who is raising the child can afford most of the child support, he can request reducing payment.
After the divorce procedure, both parents need to allocate custody of their children, so the other party also needs to pay alimony. After determining the maintenance fee, one party also needs to pay the other party according to the agreed time limit and amount. If there are special circumstances in the process of paying alimony, both parties can also choose to change alimony through consultation.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 1067 If parents fail to perform their maintenance obligations, minor children or adult children who cannot live independently shall have the right to ask their parents to pay alimony.
Parents who fail to perform their maintenance obligations, lack the ability to work or have difficulties in life have the right to ask their adult children to pay alimony.
Article 1085 If a child is directly raised by one party after divorce, the other party shall bear part or all of the alimony. 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.