1, the scope of alimony "alimony", including children's living expenses, education expenses, medical expenses and other expenses.
2. Parents' obligation to raise their children; Minors or children who cannot live independently have the right to ask their parents to pay alimony when their parents fail to perform their alimony obligations.
If one party has no economic income or his whereabouts are unknown, his property can be used to offset the child care fee.
Rights of children born out of wedlock Children born out of wedlock enjoy the same rights as children born in wedlock, and no one may harm or discriminate against them.
A biological father or mother who does not directly raise a child born out of wedlock shall bear the living expenses and education expenses of the child until the child can live independently.
4. Determination of the amount of alimony After divorce, if one party raises children, the other party shall bear part or all of the necessary living expenses and education expenses. The amount and duration of expenses shall be agreed by both parties. If the agreement fails, the people's court shall make a judgment.
The amount of child care fee can be determined according to the actual needs of children, the affordability of both parents and the actual living standard in the local area.
If you have a fixed income, you can generally pay the child care fee according to the proportion of 20% to 30% of the total monthly income. Bear the one-child health care costs of more than two children, the proportion can be appropriately increased, but generally not more than 50% of the total monthly income.
No fixed income, can refer to the above ratio, according to the total income of the year or the average income of the same industry to determine the amount of conservation fees.
Under special circumstances, the above ratio can be appropriately increased or decreased.
5. The alimony can increase the agreement or judgment on the child's living expenses and education expenses, and does not prevent the child from making a reasonable request to either parent when necessary.
After the divorce, if the children ask for an increase in child care fees, they shall be prosecuted separately.
6. The payment methods of alimony and child care fees shall be paid regularly, and can be paid in one lump sum if conditions permit.
7. It may be agreed that one parent shall bear the alimony. Both parents can agree that the child will live with one parent and the adoptive parents will bear all the child support.
However, after verification, the raising ability of the raising party obviously cannot guarantee the expenses required by the children, which will affect the healthy growth of the children and will not be allowed.
8. Payment period The payment period for child care fees is generally until the child 18 years old.
Parents over 16 years old but under 18 years old, and labor income is the main source of livelihood, can maintain the local general living standard, you can stop paying childcare fees.
9 adult children who have not yet lived independently, if parents have the ability to pay, should still bear the necessary childcare expenses:
(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.
10. Before the implementation of the Adoption Law of People's Republic of China (PRC), if one spouse adopted a child, but the other spouse did not object, and a de facto adoption relationship has been formed with the child, after the divorce, both spouses shall bear the child care fee; Children adopted by husband and wife, if always opposed by the other party, shall be raised by the adopter after divorce.
1 1 Article 1067 of the Civil Code (implemented on 202 1 1): parents have the obligation to raise and educate their children; Children have the obligation to support and assist their parents.
Minors or children who cannot live independently have the right to ask their parents to pay alimony when their parents fail to perform their alimony obligations.
Parents who are unable to work or have difficulties in living have the right to ask their children to pay alimony when they fail to fulfill their alimony obligations.
Infanticide, abandonment and other acts that harm infants are prohibited.
The "maintenance" mentioned in Article 1067 of the Civil Code includes children's living expenses, education expenses, medical expenses and other expenses.
12 article 107 1 of the civil code: children born out of wedlock enjoy the same rights as those born in marriage, and no one may harm or discriminate against them.
A biological father or mother who does not directly raise a child born out of wedlock shall bear the living expenses and education expenses of the child until the child can live independently.
13 article 1085 of the civil code: after divorce, if one party raises a child, the other party shall bear part or all of the necessary living and education expenses. The amount and duration of expenses shall be agreed by both parties. If the agreement fails, the people's court shall make a judgment.