Legal basis: Article 1085 of the Civil Code. After divorce, if a child is 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.
"Several Specific Opinions on People's Courts Handling Child Support in Divorce Cases" 7. The amount of children's health care expenses can be determined according to the actual needs of children, the affordability of both parents and the actual living standards in the local area. 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. 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. ?
8. Childcare fees should be paid regularly, and can be paid in one lump sum if conditions permit. ?
9. If one party has no economic income or his whereabouts are unknown, his property can be used to offset the child care fee.
10. Both parents can agree that the child will live with one parent and the adoptive parents will bear all the care expenses of the child. 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.
1 1. Childcare fees are generally paid 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. ?
12. Adult children who have not yet lived independently, if their parents are able to pay, should still bear the necessary childcare expenses: (1) Those who have lost their ability to work or have not completely lost their ability to work, but their income is not enough to support their lives; (2) still studying at school; (3) No independent living ability and conditions.
Text/Liang Huiwen
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