According to Article 37 of the Marriage Law of the People's Republic of China, after divorce, one party shall bear part or all of the living expenses and education expenses necessary for the children raised by the other party, and the amount and duration of the expenses shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment.
An agreement or judgment on the child's living expenses and education expenses shall not prevent the child from making a reasonable request to either parent for more than the original amount of the agreement or judgment when necessary.
According to Article 9 of Several Specific Opinions of the People's Court on Handling Child Support in the Trial of Divorce Cases, if one party has no economic income or his whereabouts are unknown, he can use his property to offset the child care fee.
Extended data:
Child support can be paid according to the following standards:
1. If you have a fixed income, you can generally pay the child care fee according to the proportion of 20% to 30% of your total monthly income. Bear the one-child health care costs of more than two children, the proportion can be appropriately increased, but generally not more than 50% of the total monthly income.
2 no fixed income, can refer to the above ratio, according to the total income of the year or the average income of the same industry to determine the amount of conservation fees.
3, there are special circumstances, can be appropriately increased or decreased.