After the divorce, the children raised by one party, the other party shall bear part or all of the necessary living expenses and education expenses. The amount of the expenses and the length of the period shall be agreed upon by both parties; when the agreement is not reached, the people s court shall decide.
Of An agreement or judgment on the child s living expenses and education costs does not prevent the child from making a reasonable request to either parent over the original amount of the agreement or judgment when necessary.
According to the provisions of the Marriage Law, the issue of child support should be settled by the two parties. If the negotiation fails, the people s court will decide. In practice, if both parties raise a child, in principle, the child support will be offset.
Justice Article 21 of the Judicial Interpretation of the Marriage Law stipulates that the maintenance fees referred to in Article 21 of the Marriage Law include the living expenses of children, education expenses, and medical expenses.
Educational fees for those who are still in school to receive high school education or below should be borne, but the school selection fees paid by private schools and noble schools that are more expensive, or sponsorship fees due to insufficient test scores, should not be supported fee.
The maintenance fee is limited to the necessary. The child purchases a computer and mobile phone, the cost of traveling, and the cost of purchasing commercial insurance. There is no legal basis for these costs. Parents can refuse to pay.
The medical expenses of children with serious illness and terminal illness are limited to those that can be reimbursed by social health insurance. For example, the cost of a child who needs kidney replacement due to renal failure and the cost of a bone marrow transplant when the child has leukemia are not included in the maintenance fee. Parents have only the moral responsibility to bear the cost, and there is no legal obligation to bear the cost.
Where there is a fixed income, the childcare fee may generally be paid at a rate of 20-30% of its total monthly income. If the burden is on two or more children, the proportion may be increased appropriately, but generally it shall not exceed 50% of the total monthly income.
Both parents can agree that the child lives with one party and the caregiver bears all the child support costs. However, it has been verified that the raising ability of the caregiver obviously cannot guarantee the children s expenses and affects the healthy growth of the children, and is not allowed. 2. Measurement of the standard amount of maintenance:
The principle of determining the amount of maintenance is based on the need for the healthy growth of children. When determining the amount of maintenance, the first thing to consider is the actual living expenses, education expenses, and medical expenses of the children before the parents divorce. Some children had better living conditions before their parents divorced, and also reported various classes. When parents divorced, these conditions should be considered to keep the child s previous life state as much as possible. To avoid the divorce of parents and cause too much psychological panic to the child.
Of course, in contrast, when parents divorce, they cannot ignore the actual needs of their children and unreasonably raise the maintenance requirements as a condition of divorce, which is also inappropriate.
For the determination of the amount of maintenance, the financial ability of the parents, especially the ability to pay the maintenance, must also be considered. Those with stronger ability to pay should bear more appropriately; those with weak ability to pay should bear less appropriately .
The Supreme People s Court made a judicial interpretation of the child s upbringing in 1993, stating: If there is a fixed income, the maintenance can generally be paid at a rate of 20% to 30% of its total monthly income; it should bear more than two children The ratio can be increased appropriately, but generally cannot exceed 50% of the total monthly income; if there is no fixed income, the amount of maintenance can be determined based on the total income of the year or the average income of the same industry with reference to the above ratio.
In practice, many people still insist on implementing this standard. See above, although this rule has not been revoked, it is no longer applicable. This rule is the standard of living expenses fifteen years ago. Today, fifteen years later, China s economic development has taken a huge leap. The monthly income of many families has reached tens of thousands, even hundreds of thousands, still at 20% to 30%. The standard of child support is obviously unnecessary. Therefore, it is necessary to refer to the actual needs of children.