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What is the payment standard of child support after divorce

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What is the payment standard of child support after divorce


        

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  • 2024-06-02 09:00:48

    The law does not specify the payment standard of child support. The amount of child support fee shall be determined by both parents through consultation. If no agreement is reached through consultation, a lawsuit may be filed in the court. The court may determine the amount 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 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.

    [Legal Basis]

    Article 1085 of the Civil Code states that if a child is directly supported by one party after divorce, the other party shall bear part or all of the maintenance fees. The number of expenses to be borne and the length of the time limit shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment.

    The agreement or judgment mentioned in the preceding paragraph shall not prevent children from making reasonable demands to either of their parents when necessary in excess of the amount originally set in the agreement or judgment.

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