Maintenance is the living and educational expenses borne by parents or other people who have the obligation to support minors. Legal support in China refers to the expenses paid to minors when these people can't fully perform or fail to perform their maintenance obligations. 1. What is the standard of child support for children born out of wedlock? Article 2 1 Judicial Interpretation of Marriage Law The alimony mentioned in Article 21 of Marriage Law includes children's living expenses, education expenses, medical expenses and other expenses. The educational expenses for receiving high school education at or below school should be borne, but the extra school selection fees paid by private schools and aristocratic schools with higher fees or the sponsorship fees due to insufficient test scores should not belong to the maintenance fees. Maintenance is limited to necessities, and there is no legal basis for children to buy computers and mobile phones, travel expenses, commercial insurance and other expenses, so parents can refuse to pay. According to the judicial interpretation, after the divorce, the husband and wife can pay the child support according to the following standards: 1. If you have a fixed income, you can generally pay for childcare at the rate of 20% to 30% of your 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. 2 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. 3, there are special circumstances, can be appropriately increased or decreased. 2. What behaviors belong to extramarital affairs 1? Generally, extramarital affairs refer to the behaviors of both men and women and the opposite sex outside marriage, except cohabitation or bigamy, which generally violates the loyalty obligation of husband and wife. 2. The situation that the spouse lives with others means that the spouse and the opposite sex outside marriage live together continuously and stably, not in the name of husband and wife. 3. Bigamy means that one spouse and the opposite sex outside marriage live together in the name of husband and wife. Whether it is "in the name of husband and wife" is the key to distinguish between "a spouse living with others" and "bigamy"; Regarding what is "in the name of husband and wife", in judicial practice, the following factors are usually combined to judge: (1) The two treat each other as husband and wife, such as living a normal family life; (2) The two are obviously commensurate in the name of husband and wife, such as introducing their husband and wife relationship to neighbors and friends and appearing in society as husband and wife; (3) Other members of society also think that they are husband and wife. In divorce cases, people's courts generally determine the amount of child support according to the following three criteria: the actual needs of children; Tolerance of both parents; The actual living standard of the local area.
Legal objectivity:
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
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.
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 50
Maintenance shall be paid regularly, and can be paid in one lump sum if conditions permit.