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What does the latest standard child support fee include

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What does the latest standard child support fee include


        

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  • 2024-06-26 08:00:49

    1. The content of alimony. Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China
    (1) Article 21 stipulates that "alimony" includes children's living expenses, education expenses, medical expenses and other expenses, so the expenses necessary for the growth of minor children are all part of alimony. It is wrong to assume only the living expenses and tuition fees. In addition, Article 37 of the Marriage Law stipulates that for the children raised by one party, the other party shall bear part or all of the necessary living and education expenses.
    2. Time of payment of alimony. Article 21 of the Marriage Law stipulates that children who are minors or who cannot live independently may require their parents to pay maintenance fees. In addition, according to the interpretation of the Supreme People's Court on some issues concerning the application of the Marriage Law of the People's Republic of China
    (1) Article 20 stipulates that "children who cannot live independently" refers to adult children who are still receiving high school education or below, or who are unable to maintain a normal life due to non subjective reasons such as losing or not completely losing their ability to work. For college students, because they have the ability to obtain labor income, they are generally considered not within the specified range. However, if there are objective reasons that cannot be overcome, such as learning, and the labor income cannot be earned, parents can also be required to pay maintenance fees according to law. According to the law, alimony shall be paid until the child can live independently.
    3. Determination of the amount of alimony paid by the party not directly raising the child. The amount and duration of the upbringing expenses borne by one spouse shall be agreed upon by both parties; If the agreement fails, the people's court shall make a judgment. Article 7 of the Several Specific Opinions on the People's Court's Handling of Child 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. 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.
    4. The maintenance fee can be changed (increased) according to the law. According to the judicial interpretation, if the children request to increase the maintenance fee after divorce, if the negotiation fails, they can bring a lawsuit to the court. The legal reasons for the increase are:
    (1) The original amount of childcare fees is not enough to maintain the actual local living standard;
    (2) The actual needs have exceeded the original amount due to children's illness or school attendance;
    (3) There are other justifiable reasons for the increase.
    5. The payment method of alimony. According to the Several Specific Opinions on the People's Court's Handling of Child Support in the Trial of Divorce Cases, maintenance fees shall be paid regularly, and can be paid once if conditions permit. If one party has no economic income or is missing, his or her property can be used to offset the childcare expenses.

    Luo***

    2024-06-26 08:00:49

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