The amount of alimony can be determined according to the actual needs of the children, the affordability of both parents and the actual living standards of the locality.
According to the relevant provisions of China's Civil Code:
Article 1085After the divorce, if the children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties;If the agreement is not reached, the people's court shall make a judgment.
The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.
But in real life, there are many people who do "hands-off shopkeepers" after divorce, so once the other party does not give alimony after the divorce, can the custody of the child go to the court to sue?
Article 1067 of the Civil Code clearly stipulates that if the parents do not fulfill the obligation to support them, the minor children or adult children who cannot live independently have the right to demand that the parents pay child support.
Parents' obligation to support their children will not disappear due to divorce or other reasons, and any attempt to withhold their children can be resolved through legal means, except in the following cases:
1. The two parties have reached an agreement. When a husband and wife divorce, issues such as child custody and child support can be resolved through negotiation, and if the negotiation fails, the people's court may be requested to make a judgment. That is to say, if the husband and wife agree that one party does not need to pay child support, and the custodial person can bear the obligation to raise the child alone, then the other party does not have to pay child support;
2. The payer has difficulties in living. If the party who is supposed to pay maintenance loses the ability to work or financially due to illness or accident, and the court investigates that he or she is indeed unable to pay maintenance, and the child's guardian is able to support the child on his own, the other party may not be required to pay maintenance;
3. If the payer is imprisoned or reformed through labor for violating the law, he or she may not be required to pay child support for the time being, and once he is released from prison, he or she still needs to pay child support according to the original judgment
4. If the parent raising the child remarries, if the new partner is willing to bear the child's support, the ex-partner can reduce or not bear the maintenance through negotiation, but if the new partner does not agree to the maintenance, the ex-partner still needs to pay child support.
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