In the process of divorce by mutual agreement, the issue of alimony is often one of the points of contention between the parties. Sometimes, for various reasons, the alimony agreed in the agreement can be excessive, which puts financial pressure on the payer and can also adversely affect the child's upbringing. So, what should we do when the alimony agreed upon at the time of the divorce by mutual agreement is too high? Let's take a look.
How to deal with the high alimony agreed upon in the case of an unagreed divorce
If the agreement between the parents on child support after the divorce or dissolution of the cohabitation relationship is too high, clearly exceeding the actual needs of the child and the economic conditions of the parent who does not directly raise the child, and failing to provide proof of income from the other party, it may be reduced in accordance with the principle of fairness. If the two parties fail to reach a consensus on the issue of child support, they can go to the court for mediation or litigation to settle the issue.
According to Article 7 of the Specific Opinions on Several Issues Concerning the Handling of Child Support Issues in Divorce Cases, the provisions on child support. The amount of child support may be determined on the basis of the actual needs of the child, the affordability of both parents and the actual standard of living in the locality.
For those with a fixed income, maintenance may generally be paid at a rate of 20% to 30% of their monthly income, and for those who bear two or more child support, the proportion may be appropriately increased, but generally not at 50% of the total monthly income. If there is no fixed income, the amount of maintenance may be determined on the basis of the total income of the year or the average income of the same industry, with reference to the above proportions. If there are special circumstances, the above proportion may be appropriately increased or decreased.
What is the standard of alimony in the event of divorce
1.The amount of child support may be determined on the basis of the actual needs of the child, the affordability of both parents and the actual standard of living in the locality.
2.For those with a regular income, child support payments can generally be paid at the rate of 20 to 30 per cent of their total monthly income. Where two or more children are responsible for raising expenses, the proportion may be appropriately increased, but generally must not exceed 50 percent of the total monthly income.
3.If there is no fixed income, the amount of child support may be determined on the basis of the total income of the year or the average income of the same industry, with reference to the above proportions. If there are special circumstances, the above proportion may be appropriately increased or decreased.
The above is the specific content of the introduction, when the agreed maintenance is too high at the time of divorce, we should deal with it through negotiation, litigation or mediation. During the process, both parties should put the interests of the child first and try to reach a reasonable agreement. Regardless of the amount of child support, parents should do their part to create a healthy and happy environment for their children to grow up.