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How to determine what kind of expenses should be included in the maintenance fees for children born out of wedlock

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How to determine what kind of expenses should be included in the maintenance fees for children born out of wedlock


        

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  • 2024-06-26 04:01:43

    Article 25 of the Marriage Law, children born out of wedlock shall enjoy the same rights as children born in wedlock, and no one shall harm or discriminate against them. A natural father or mother who does not directly support a child born out of wedlock shall bear the living and educational expenses of the child until the child can live independently.
    1、 How to determine the amount of child support fees, consider the following three aspects:
    ① The actual needs of children;
    ② Affordability of both parents;
    ③ Local actual living standard. After divorce, the parents who do not live with their children can be divided into:
    ① If there is a fixed income, the amount of childcare fees can generally be 20% - 30% of the total monthly income. For those who bear the care of more than two children, the proportion may be appropriately increased, but generally shall not exceed 50% of the monthly income. Here, "total monthly income" refers to total wages, including wages, bonuses, etc. You can apply for a court order to investigate.
    ② If there is no fixed income, the amount of childcare fees can be based on the current year's income or the average annual income of the same industry, with reference to
    ① OK. Generally, the average annual income and average annual living expenses determined by referring to the Reference Standards for Compensation Items for Road Traffic Accidents are taken as the basis.
    ③ If there are special circumstances, such as children suffering from serious diseases for a long time, or children with disabilities, they can be appropriately increased.

    No***

    2024-06-26 04:01:43

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