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If the divorced woman wants children and the husband is not working at present, how will the alimony be paid?

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If the divorced woman wants children and the husband is not working at present, how will the alimony be paid?


        

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  • 2024-06-21 15:01:42

    The people's court shall make a judgment on how much and for how long one of the husband and wife should bear the maintenance expenses if the two parties fail to reach an agreement. Article 7 of the Several Specific Opinions on the People's Court's Handling of Children's Support in the Trial of Divorce Cases stipulates that it shall be determined according to the actual needs of the children, the affordability of both parents and the actual local living standard. Nurturing fees with fixed income can generally be paid at the rate of 20% to 30% of their total monthly income. The proportion of paying for the upbringing of two or more children may be appropriately increased, but generally shall not exceed 50% of the total monthly income. The amount of childcare fees without fixed income 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.
    Article 37 of the Marriage Law
    After divorce, the children supported by one party shall bear part or all of the necessary living and education expenses. If the two parties fail to reach an agreement on the amount and duration of the expenses, the people's court shall make a judgment.
    The agreement or judgment on the children's living 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.
    Article 7 of Several Specific Opinions on the People's Court's Handling of Children's Support in the Trial of Divorce Cases
    The amount of childcare fees can be determined according to the actual needs of the children, the affordability of both parents and the actual local living standard.
    Nurturing fees with fixed income can generally be paid at the rate of 20% to 30% of their total monthly income. The proportion of paying for the upbringing of two or more children may be appropriately increased, but generally shall not exceed 50% of the total monthly income.
    The amount of childcare fees without fixed income 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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