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Divorce about child support


        

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  • 2024-06-20 22:01:44

    After the parents divorce, where the children live with is generally determined according to the principle of "conducive to the healthy growth of children", which involves many real life situations of both parties.
    1、 Fixed income
    "If there is a fixed income, the upbringing fee can generally be paid at the rate of 20% to 30% of his total monthly income. If he bears the upbringing fee for more than two children, the rate can be appropriately increased, but generally not more than 50% of his total monthly income." According to this provision, if there is a Mr. Zhang who has divorced his wife and a woman is raised by his wife, he is a company employee, The monthly salary is yuan. In the child support litigation, it can be judged that the maintenance fee paid by him can be between 400-600 yuan per month.
    2、 Non fixed 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." According to this provision, if there is a Miss Wang who is an employee of the entertainment industry with an uncertain income, has divorced her husband, and has a daughter who is supported by her husband, the amount of childcare fees can be determined according to the average income of the same industry in child support litigation, If the provincial higher people's court documents that "the annual income of the cultural, sports and entertainment industry in 2005" is 24000 yuan, then the average monthly income of her can be set as yuan, and it can be judged that the maintenance fees paid by her can be between 400-600 yuan per month.
    3、 Time of payment of alimony
    According to the relevant regulations, "the childcare fees shall be paid regularly, and can be paid in a lump sum if conditions permit." That means they can be paid monthly or annually. Of course, if you have a large amount of property in hand, it is also possible to pay them in a lump sum according to the standard.
    4、 Payment of child support
    (1) The party who does not directly raise children after divorce
    (2) The party who has not divorced but has separated due to emotional discord and does not directly raise children
    (3) The party who is not married, has children born out of wedlock, and does not directly raise children
    (4) Other situations. If the parents of a child who is an adult but still in high school, they shall pay child support.
    5、 Ways of claiming alimony
    It may take the form of litigation or consultation to require the obligor to perform the obligation of upbringing.
    6、 Duration of alimony
    The alimony is paid until the child is 18 years old or can live independently. If a child is over 16 but under 18 years old, and his/her labor income is the main source of income, and can maintain the general local living standard, his/her parents may stop paying maintenance fees.

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