Second, the payment standard of alimony Because of the different social division of labor, the work situation 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.
Third, the payment method of alimony 1) One-time payment Although some people think that this payment method should be used with caution, at present, due to the significant increase in people's economic income, the job transfer is very frequent, and the court's execution efficiency is also considered; In court, divorce involves child support, which is often done. And this way is accepted by most parties. 2) Regular payment and regular payment in kind are generally paid on a monthly, quarterly or annual basis, and in kind is often applicable to the party whose whereabouts are unknown. One-time payment or half-fold is generally based on 18 years old, that is, the specific figure is the monthly or annual support amount multiplied by the amount of children raised to 18 years old, and the total amount of one-time payment is calculated. After the legal effect of child support, due to the variability of life, parents can ask for an increase, decrease or exemption of child support when their economic situation, raising ability and social actual living standard change; The reasons why children ask for an increase in alimony include:
1, the original amount of support is not enough to maintain the local actual living standard;
The actual demand has exceeded the original amount due to children's illness, school and other reasons. If, after the above reasons, the parent who does not raise the child does not increase the cost, it is obviously unfair for the parent who raises the child to bear it. Of course, both living expenses and education expenses should proceed from reality. Involving a large number of people, it must be determined by both parties through consultation, otherwise the decision will be borne by the individual. What is more prominent now is the school selection fee. For example, rural children are sent to aristocratic schools. lump-sum payment
Fifty thousand yuan and one hundred thousand yuan shall be borne by both parties through consultation. As for the reduction of child care fees, it is mainly aimed at the reduction of providers' ability to pay and the reduction of economic income; Or if the children are under 18 years old but have income, they can support themselves with their own income. Because in practice, at present, many lump-sum payments are generally changes to increase alimony. At present, starting from the interests of children, in the payment of child support, it is also possible to give child support first, and then divide the property of husband and wife to ensure that the interests of children take precedence. It is suggested that child support should be paid in advance, or the court should issue an announcement to urge the payment. If it is difficult to enforce the child support, it can be recorded on the identity document and withheld by the unit where the party belongs. We can see that legally speaking, the legal obligation of parents to support their children has ended after their children have reached adulthood. Perhaps only a few people are used to the other half paying alimony on time during the whole process of their children's growth. After the child reaches the age of 18, the other party suddenly refuses to pay alimony, which will surprise some people. In fact, this is in line with the provisions of the marriage law.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 1068 Parents have the right and obligation to educate and protect their minor children. If a minor child causes damage to others, parents shall bear civil liability according to law.
Article 1084 The relationship between parents and children shall not be destroyed by the divorce of parents. After the divorce, the child is still the child of both parents, whether or not the parents directly raise him.
After divorce, parents still have the right and obligation to raise, educate and protect their children.
After divorce, children under two years old are directly raised by their mothers. For a child who has reached the age of two, if both parents fail to reach an agreement on the issue of support, the people's court shall make a judgment based on the specific circumstances of both parties and the principle of being most beneficial to the minor children. Children over the age of eight should respect their true wishes.
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.
Derivative problem:
What are the situations where alimony still needs to be paid after adulthood? Adult children who have not yet lived independently should bear the necessary childcare expenses if their parents have the ability to pay:
(1) has lost the ability to work or not completely lost the ability to work, but the income is not enough to maintain a living;
(2) still studying at school;
(3) No independent living ability and conditions.