1. If you have a fixed income, you can generally pay the child care fee according to the proportion 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, the amount of child care fees 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;
3, there are special circumstances, can be appropriately increased or decreased.
After divorce, the custody of children is decided by both husband and wife through consultation. If negotiation fails, they can bring a lawsuit to the court for judgment.
When hearing a case, the court will mainly consider the age of the child, the willingness and ability of both parties to support, and the wishes of the child. According to the law, under two years old, in principle, with the mother, two to eight years old to comprehensively consider the various situations of both sides, comprehensive judgment. People over eight will respect their children's wishes.
Therefore, when the divorced parties compete for custody of the children, they must collect evidence that is beneficial to them, but no matter who the custody belongs to, everything is based on the healthy growth of the children.
Maintenance refers to the fact that the party who does not directly support the children after divorce should bear part or all of the children's living expenses, education expenses, medical expenses and other expenses. 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.
Pay alimony
1, payment method of alimony
Maintenance shall be paid regularly, and can be paid in one lump sum if conditions permit.
If one parent has no economic income or his whereabouts are unknown, he can use his property to pay the maintenance fee.
Both parents can agree that one parent will directly raise the child, and the direct parent will bear all the child support. However, the people's court will not support the direct dependents who are unable to bear the expenses of their children and affect their healthy growth.
2, alimony payment period
The payment period of alimony is generally until the child is eighteen.
If the parents are over 16 years old but under 18 years old, and their labor income is their main source of livelihood, and they can maintain the local general living standard, they can stop paying alimony.
The custody of divorced children between husband and wife belongs to the following circumstances:
1. If both parties can reach an agreement on child support, a judgment shall be issued according to the will of both parties;
2. If both parties can't reach an agreement on child support, the court will make a judgment according to the principle that one person supports one child;
3. When the court decides to support, it will make a judgment with reference to factors such as the age and gender of the child;
4. Children under the age of two are raised by the woman in principle, and if both parents agree that children under the age of two will live with their father, and there is no adverse impact on the healthy growth of children, they can be allowed;
5. Children between the ages of two and ten will be judged by the court according to the principle of being conducive to their growth;
6./kloc-Children over 0/0 can ask for their opinions. Parents should consider the opinions of their children if they are in dispute about their minor children over the age of 10.
7. On the premise of protecting the interests of children, if both parents agree to take turns to raise their children, the permission is feasible;
8. A mother may live with her father under the following circumstances:
(1) Suffering from infectious diseases or other serious diseases that cannot be cured for a long time, and it is not suitable for children to live with them;
(2) there are conditions for raising children, but parents require their children to live with them;
(3) For other reasons, children really cannot live with their parents.
To sum up, child support is generally paid according to the actual situation of the child and the financial ability of the parents. For those with fixed income, alimony can generally be paid at the rate of 20% to 30% of their total monthly income. For those who have no fixed income, the amount of alimony can be determined according to the total income of the year or the average income of the same industry. The average child/kloc-can stop paying child support after 0/8 years old.
Legal basis:
Article 1084 of the Civil Code of People's Republic of China (PRC)
The relationship between parents and children is not eliminated by parents' divorce. 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
After divorce, if the children are 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.