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Will the couple pay alimony after divorce when they have children

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Will the couple pay alimony after divorce when they have children


        

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  • 2024-06-24 02:00:48

    According to the provisions of relevant laws in China, if the relationship between the husband and the wife is broken and they want to divorce, if the children are under age or have no ability to live independently, the party who does not support them needs to pay maintenance fees. Some Specific Opinions on the People's Court's Handling of Children's 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.
    8. Nurturing fees shall be paid regularly, and can be paid once if conditions permit.
    9. If one party has no economic income or is missing, his or her property may be used to offset the child rearing expenses.
    10. Both parents may agree that the child shall live with one party and the supporting party shall bear all the child rearing expenses. However, if it is verified that the supporting ability of the supporting party is obviously unable to guarantee the expenses needed by the child, which affects the healthy growth of the child, it shall not be allowed.
    11. The term of payment of childcare fees is generally until the child is 18 years old. If the parents are over 16 but under 18 years old, take their labor income as the main source of income, and can maintain the general local living standard, they can stop paying childcare fees.
    12. Adult children who have not yet lived independently have the following circumstances
    1、 If parents have the ability to pay, they should still bear the necessary upbringing fees:
    (1) Having lost the ability to work or having not completely lost the ability to work, but his income is not enough to support his life;
    (2) Those who are still studying at school;
    (3) Having no ability or conditions to live independently.

    R***

    2024-06-24 02:00:48

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