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How to judge custody of two children after divorce

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How to judge custody of two children after divorce


        

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  • 2024-06-26 23:00:55

    In divorce cases, the court will make different judgments on child rearing according to different situations;
    1. If both parties can reach an agreement on child rearing, a judgment shall be issued according to the intention of both parties;
    2. If both parties cannot reach an agreement on child rearing, the court will make a judgment according to the principle of one child rearing by one person;
    3. The court will make a decision on child support based on the age, gender and other factors of the child. Generally, children under two years of age will be supported by the woman in principle, children between two and ten years of age will be judged by the court in accordance with the principle of facilitating the growth of children, and children over ten years of age can ask for children's opinions. Divorce alimony alimony refers to the living and education expenses borne by parents or other persons who have the obligation to support minors. The legal alimony in our country refers to the fees paid to minors when these people cannot fully perform or fail to perform their alimony obligations. Article 37 of the Marriage Law of the People's Republic of China, after divorce, for a child supported by one party, the other party shall bear part or all of the necessary living and education expenses. The number of expenses to be borne and the length of the period shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment. The agreement or judgment on the children's living expenses and education expenses shall not prevent the children from making reasonable demands to either of the parents in excess of the original amount of the agreement or judgment when necessary. Some Specific Opinions of the Supreme People's Court on the People's Court's Handling of Child Support in the Trial of Divorce Cases The amount of child support fees can be determined according to the actual needs of the children, the affordability of both parents and the actual local living standard. 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. 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. In case of special circumstances, the above proportion can be appropriately increased or reduced.

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