The "Civil Code (effective from January 1, 2021)" stipulates that "after divorce, for the children raised by one party, the other party shall bear part or all of the necessary living expenses and education expenses, and bear the expenses." The amount and length of the period shall be agreed upon by both parties; if an agreement cannot be reached, the People's Court shall make a judgment. "According to the 2001 Interpretation of Several Issues Concerning the Application of Marriage Law (I) by the Supreme People's Court, "support payments include children's living expenses and education expenses. , medical expenses and other expenses. "The amount of child support can be calculated based on the actual needs of the child, the affordability of both parents, and the actual local living standard. The specific calculation method is: for those with a fixed income, 2% of the income. A proportion of ten to thirty percent is paid. If there is no fixed income, it shall be based on the local total income or the average income of the same industry. Determine based on the above ratio. In special circumstances, the above proportion may be appropriately increased or decreased.
The period for payment of child support is generally until the child reaches adulthood or when the child can live independently. For those who are over 16 years old and under 18 years old, and their labor income is their main source of living and can maintain the general living standards of the local area, their parents may stop paying child support.
The law only stipulates that child support should be paid regularly, and if conditions permit, it can be paid in one go. If one party has no financial income or his whereabouts are unknown, property can be used to offset the alimony. The amount, payment period and method of child support are directly related to the vital interests of the children and their future lives. Therefore, they should be clearly written down in the civil judgment upon divorce.
What aspects should be considered when making child support payments?
1. The actual needs of the children;
2. The affordability of both parents;
3. The actual local living standards.
Legal basis
"The People's Republic of China and the Civil Code"
Article 1085
After divorce , if the child is directly raised by one party, the other party shall bear part or all of the child support. The amount of expenses to be paid and the length of the period shall be agreed upon by both parties; if agreement cannot be reached, the judgment shall be made by the People's Court