If the husband and wife did not agree on alimony at the time of divorce by agreement, they may request the people's court to determine alimony by bringing an action for alimony. The action of maintenance fee is usually filed in the name of the child. The father or mother who directly raises the child takes part in the action as the legal representative. When determining the amount of child support, the court generally makes a judgment according to the following standards according to the trial practice:
(1) If there is a fixed income, it is generally paid according to the proportion of its total monthly income. The proportion of those who bear the cost of raising two or more children may be appropriately increased, but generally not more than 50% of the total monthly income.
(2) If there is no fixed income, the amount can be determined according to the total income of the current 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. If one party has no economic income or is missing, his or her property may be used to offset the child support fee.
The agreement or judgment on the children's living expenses and education expenses shall not prevent the children from making reasonable demands to either of the parents in excess of the original amount of the agreement or judgment when necessary.
Article 37 of the Marriage Law of the People's Republic of China
After divorce, the other party shall bear part or all of the necessary living and education expenses for the children supported by one party. If the two parties fail to reach an agreement on the amount of the expenses to be borne and the length of the period, the people's court shall make a judgment. The agreement or judgment on the children's living expenses and education expenses shall not prevent the children from making reasonable demands to either of the parents in excess of the original amount of the agreement or judgment when necessary.
