How to calculate child support, many people have miscalculated, and the standard of child support is not simply calculated according to the proportion. If the other party has a monthly income of 30,000 yuan, according to the standard of 20%-30% prescribed by law, the monthly maintenance should be 6,000-9,000 yuan, but the court will not rule like this. There are three criteria for the calculation of child support: one is 20%-30% of the other party's income, the second is the actual needs of the child, and the third is the local standard of living.
There are four common misconceptions about the calculation of child support:
The first mistake is calculated in full accordance with the 20%-30% required by lawIf the other party's income is relatively high, the monthly maintenance will reach a relatively high amount according to the proportion, which is much higher than the actual needs of the child and the local living standard, and the court will not support it.
The second misunderstanding,It is believed that child support should be borne in full by the other partyThe amount of child support we ask the other party to bear is generally half of the actual cost of child support. Some parties will think that I have already put in the time and energy to take care of the child, and all the expenses necessary for the child's life, education and medical care will be borne by the other party, and the court will generally not spend such a claim. If the child actually needs 2,000 yuan, often the other party only needs to bear 1,000 yuan.
The third misunderstanding,Consider all child-related expenses to be child supportThe maintenance required by law refers to the necessary expenses of the child, including living expenses, education expenses, and medical expenses. If you want to claim that the other party is responsible for the child's interest class expenses, travel expenses, or even the high tuition fees of private schools in addition to the necessary expenses, the court will not support it.
The fourth misconception is that child support is only paid until the child is 18 years oldIn fact, if the child is over 18 years old but is still in school, has not entered the society, and has no income, the parents also need to bear the cost of child support, so in order to avoid a time gap in child support, it is necessary to clarify that the deadline for child support payment is until the child lives independently.