With the development of society and the change of attitudes, divorce is no longer a rare phenomenon. However, the problems that come with divorce are not only emotionally painful, but also involve a series of complex legal issues. Among them, the distribution of child support is an issue that every divorced family must face.
First of all, let's be clear: child support is established to ensure the healthy growth of minor children. This fee is mainly used for the child's daily life, education, and other necessary expenses. Therefore, the distribution of maintenance should first take into account the actual needs of the child.
In most cases, the distribution of child support is based on the parent's financial situation, income level, and affordability. The court will consider these factors to determine the amount of maintenance to be borne by each parent.
So,What is the general amount of child support for a divorced couple?
Generally speaking, if the couple has a fixed income, the divorce child support is generally paid on a monthly basis at 20% to 30% of the fixed income;If there is no regular income, it will be paid at the rate of 20% to 30% of the total annual income. The appropriate proportion can be increased.
Can alimony be reduced after a divorce?
The answer is yes. Article 1085 of the Civil Code stipulates: "After a divorce, the other party shall bear part or all of the necessary living expenses and education expenses for the children raised by one party, and the amount of the expenses and the length of the period shall be agreed upon by both partiesIf the agreement is not reached, the people's court shall make a judgment. An agreement or judgement concerning the maintenance and education of the child shall not prevent the child from making a reasonable demand against either parent, if necessary, in excess of the amount originally agreed upon in the agreement or judgment. Therefore, it is the legal responsibility of parents to pay child support in divorce.
However, child support payments must be based on the financial means of the parents. Because of this, when awarding child support, courts often determine the amount of child support based on the following factors: the actual needs of the child;Affordability of both parents;The actual standard of living in the local area.
After the divorce, the income of parents who do not live with their children is divided into: if they have a fixed income, the maintenance fee can generally be calculated at 20%-30% of the total monthly income. Where two or more children are supported, the proportion may be appropriately increased, but generally must not exceed 50% of the monthly income. Gross monthly income refers to the total salary, including salary, bonuses, etc. This can be remediated by applying for a court investigation order;If there is no fixed income, it can be confirmed by referring to the average annual income of the same industry according to the income of the current year or the average annual income of the same industryUnder special circumstances, such as a child suffering from a long-term serious illness or a child being disabled, an application may be made to the court to request an extension of payment or a reduction in the amount of payment. The court will make a decision on a case-by-case basis.
Of course, the distribution of alimony is not the only issue after a divorce. Many divorced families also have to deal with issues related to child visitation, property division, etc. For these issues, it is very necessary to seek professional legal help.
The marriage lawyer of Li Mai's team reminds that the payment of child support must be based on the financial ability of the parents, and the court will also consider the actual needs of the children, the affordability of both parents and the actual living standard of the local area when awarding child support. If you need more detailed legal advice, you can consult a professional divorce lawyer.
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