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How to determine the amount of alimony for divorced children

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How to determine the amount of alimony for divorced children


        

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  • 2024-06-06 07:00:03

    The amount of child support fee shall be determined by both parents through consultation. If the consultation fails, the child support fee may be brought to court.

    The amount of alimony prescribed by Chinese law can be determined according to the actual needs of children, the affordability of both parents and the actual living standard of the local area.

    1. 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.

    2. 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.

    3. In case of special circumstances, the above proportion can be appropriately increased or reduced.

    [Legal Basis]

    In Article 49 of the Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China Marriage and Family Code (I), the amount of alimony may be determined according to the actual needs of 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 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.

    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.

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

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