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Standard of alimony for children born out of wedlock after divorce

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Standard of alimony for children born out of wedlock after divorce


        

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  • 2024-06-23 00:01:34

    After divorce, is it necessary to pay alimony for children born out of wedlock
    According to Article 25 of China's Marriage Law, "illegitimate children enjoy the same rights as legitimate children, and no one can harm or discriminate against them. The natural father or mother who does not directly raise illegitimate children should bear the living and education expenses of their children until they can live independently."
    Therefore, it is a legal obligation and must be fulfilled to pay maintenance fees to children born out of wedlock who are not supported by themselves after divorce.
    According to the provisions of relevant judicial interpretations, the amount of alimony is based on 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.

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