Alimony

Standard of alimony

According to the judicial interpretation, both husband and wife divorce by agreement After, the child's Alimony Payment can be made according to the following standards:

1. If there is a fixed income, childcare fees can generally be paid at the rate of 20% to 30% of the total monthly income. The proportion of those who pay for the upbringing of two or more children may be appropriately increased, but generally shall not exceed 50% of the total monthly income.

2. If there is no fixed income, the amount of childcare 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 proportion.

3. In case of special circumstances, the above proportion can be appropriately increased or reduced.

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How to pay alimony

1、 Lump sum payment

Although some people think that this way of payment should be used with caution, at present, due to the significant increase in people's economic income, job mobility is very frequent, and the efficiency of the court's execution is also taken into account; Judgment in court divorce involve Child support Most of them use this method. And this way is accepted by most of the parties.

2、 Regular payment and material discount

The regular payment is generally paid monthly, quarterly or annually, and the material discount is often applicable to the missing party.

In general, the bottom line of one-time payment or material discount is the age of 18, that is, the specific amount is the amount of monthly or annual alimony multiplied by the number of children raised until the age of 18, and the total amount of one-time payment is calculated.

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How many days of home leave for civil servants

The labor behavior of civil servants is subject to the civil service law, rather than labour law Constraints for. Because of the particularity of their profession, civil servants often enjoy different treatment from ordinary workers. So, as employees of government agencies, civil servants Home leave How are they different from ordinary workers? civil servant How many days of home leave ?

Article 4 of the Regulations of the State Council on the Treatment of Home Visits of Employees stipulates that home leave can be divided into the following categories:

(1) To visit a spouse, one party will be given 30 days of home leave once a year.

(2) Unmarried employees are entitled to leave once a year for 20 days to visit their parents, or once every two years for 45 days according to the actual situation.

(3) Married employees are entitled to 20 days of leave every 4 years to visit their parents. Home leave refers to the time when an employee reunites with his/her spouse, father and mother. In addition, travel leave is granted according to actual needs. The above holidays include public holidays and statutory holidays.

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What if we don't give alimony

《 Civil Code 》Article 1067 stipulates that parents do not perform raise The minor children have the right to require their parents to pay maintenance fees if they are obliged to do so.

After divorce, if one party fails to fulfill the obligation of upbringing, the other party may first instance The court reflected that the court of first instance should educate warning And urge them to fulfill their obligations of raising children. If you still don't listen to advice and accept instruction If a party refuses to execute the judgment, it may apply to the court of first instance for Enforcement 。 When the court enters the compulsory procedure, it generally requires the parties to apply to the court.

How to change the alimony

Both parties shall negotiate. If they cannot negotiate, they may bring a suit to the court for settlement.

Change of alimony Based on the legal obligation of parents to support their children, and the amount of alimony, which is conducive to the healthy growth of children Divorce agreement Or if the amount determined in the divorce judgment is obviously insufficient, the children certainly have the right to ask their parents to increase their alimony. According to the law, children may, when necessary, make reasonable demands to either parent in excess of the amount originally set in the agreement or the judgment.

What evidence is needed for alimony disputes

What is needed for alimony disputes evidence ?

1. Evidence of identity relationship, such as ID , household registration, etc;

2. Whether there is evidence of blood relationship, such as household register, police station certificate, etc;

3. Whether there is legal adoption Evidence of relationships, such as Adoption Agreement Adoption notarization, adoption registration, etc;

4. Evidence of their own living conditions;

5. Evidence of defendant's income, such as wages Certificates, income certificates, etc;

6. Evidence of whether parents have died or whether parents are unable to support, such as Death certificate , disability certificate and income certificate;

7. Evidence of whether income is significantly reduced and whether it affects normal life, such as salary certificate, income certificate and current living conditions.