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What should I do if I don't give alimony after divorce

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What should I do if I don't give alimony after divorce


        

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  • 2024-06-26 09:01:41

    One is the negotiation between the husband and wife, and the other is to sue in the court. In addition, the amount of child support 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, alimony may generally be paid at the rate of 20% to 30% 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; If there is no fixed income, the amount of alimony may be determined according to the total income of the current 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. The alimony shall be paid regularly, and can be paid in a lump sum if conditions permit. If one party has no economic income or is missing, his or her property can be used to offset the alimony. If the husband and wife are divorced by agreement, the other party should perform its obligations according to the Divorce Agreement reached by both parties voluntarily, or file a lawsuit to the court according to this agreement to demand payment of child support; If the divorce is mediated by the court, in addition to the Divorce Mediation Statement, there should also be a divorce property division agreement, which should contain provisions on child support. If the party who does not directly support the child refuses to implement the provisions, it can re sue to the court, let the court re adjudicate, and force the implementation; If it is a divorce judgment, you can request to pay child support according to the divorce child support payment terms in the divorce judgment. 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. Several Specific Opinions of the Supreme People's Court on the People's Court's Handling of Child Support in the Trial of Divorce Cases
    7. The amount of childcare fees may 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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