How to determine the child custody right and how to calculate the child maintenance fee?

I child custody How to judge

divorce The case involves minors Child support The ownership of children's custody right after divorce shall be determined in accordance with the "principle that is most beneficial to minor children".

1. In principle, children under the age of two are directly from their mothers raise If the mother has one of the following circumstances, the father can directly support her:

(1) Having infectious diseases or other serious diseases that cannot be cured for a long time, and children are not suitable to live with them;

(2) The father requires his children to live with him when he has the conditions to support them but does not fulfill his obligation to support them;

(3) For other reasons, children really cannot live with their mother.

2. If both parents agree that a child under two years of age shall be directly raised by the father and have no adverse effect on the healthy growth of the child, permission may be granted.

3. For minor children over the age of two, if both the father and the mother require them to directly support them, priority may be given to one of the following cases:

(1) Having undergone sterilization operation or losing fertility due to other reasons;

(2) The change of living environment is obviously detrimental to the healthy growth of children as they live longer;

(3) There are no other children, but the other party has other children;

(4) The children live with them, which is beneficial to their growth, while the other party is suffering from infectious diseases or other serious diseases that are incurable for a long time, or has other circumstances that are not conducive to the physical and mental health of the children, and is not suitable to live with them.

4. The conditions for father and mother to raise children are basically the same. Both parties require their children to live together with them, but if the children have lived alone with grandparents or grandparents for many years, and grandparents or grandparents require and are able to help children take care of grandchildren or grandchildren, they can be considered as the priority conditions for children to live with their parents.

5. If both parents disagree on whether a minor child over the age of 8 lives with his or her father or mother, they shall respect their children's opinions.

Because the children who have reached the age of 8 have a certain degree of autonomy and cognitive ability, Custody The determination of children's rights is closely related to their rights and interests. In order to be more conducive to the healthy growth of minors, their true wishes should be respected.

6. On the premise that it is conducive to protecting the interests of children, if both parents agree to raise their children in turn, they may be allowed to do so.

II Child support How to calculate

“ Alimony ”, including children's living expenses, education expenses Medical expenses Etc.

The amount of alimony may be determined according to the actual needs of the children, the affordability of both parents and the actual local living standard.

1. If there is a fixed income, alimony may generally be paid at the rate of 20 to 30 percent of the total monthly income.

For those who bear the maintenance fees for two or more children, the proportion 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 alimony may be determined on the basis of the total income of the current year or the average income of the same industry, with reference to the above proportion.

3. Under special circumstances, the above proportion may be appropriately increased or reduced.

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