What is the standard of alimony for divorced children? In divorce cases, alimony does not only refer to living expenses. Article 2 1 of the Interpretation of Marriage Law clearly stipulates that "alimony" includes three items, namely, living expenses, education expenses and medical expenses.
The standard of alimony for divorced children is that the amount of children's health care fee can be determined according to the actual needs of children, the affordability of both parents and the actual living standard in the local area. 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 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. If there is no fixed income, the amount of childcare fee can be determined according to the total income of the year or the average income of the industry with reference to the above ratio. Under special circumstances, the above ratio can be appropriately increased or decreased. Therefore, many people in society think that the standard of alimony is 20 ~ 30% of the other party's income, which is not completely correct. In addition to referring to the standard of wage-income ratio, the actual needs of children and the actual living standards in the local area are also very important reference factors. It is not appropriate to calculate child support only according to the proportion of wage income.
Second, how to calculate the standard of alimony for divorced children?
How to calculate the standard of alimony for divorced children? What factors should be considered in the standard of alimony for divorced children when parents divorce? Generally speaking, it is mainly considered from three aspects: first, the actual needs of children; The second is to combine the local actual living standards in the place of raising; The third is the ability of both parents to pay (income and property).
For the determination of the standard of alimony for divorced children, both parties can negotiate according to the above three principles. If negotiation fails, the court will make a judgment. The court's judgment is based on the provisions of Article 7 of the Supreme People's Court's Several Specific Opinions on People's Courts Handling Child Support in Divorce Cases.
(1) has a fixed income. According to the proportion of 20-30% of the total monthly income, for first-tier cities such as Beijing, Shanghai, Guangzhou and Shenzhen, the specific amount is in principle 800-2,000 yuan/month. If alimony is paid to more than two children, the proportion may be appropriately increased, but generally it shall not exceed 50% of the total monthly income.
(2) for high income. If the ratio is higher than the above range, the above range can be broken. If there are no special circumstances, generally not more than 3000 yuan/month.
(3) For low-income people. If the above ratio is lower than the above range and there are more other properties, the judgment can be made according to the above range instead of the above ratio to safeguard the legitimate rights and interests of children; If there is little or no property, combined with the support ability of the dependents, it can be judged that it is lower than the above range without the above ratio, so as to ensure the minimum living standard of the children.
(4) For those who have no income. You can use your property to offset the child support. Those who have the ability to work shall, in principle, pay child support. Because raising children is the obligation of parents, you can't exempt them from their obligations just because you have no income for the time being. You should ensure the minimum living standard of your children.
(5) For special circumstances such as children suffering from serious illness and studying abroad (subject to mutual consent), the judgment can go beyond the above scope. Liao Yuwei Guangdong Zhibiao lawyer office
How to give alimony to divorced children after figuring out the standard of alimony for divorced children? Usually, whether it is divorce by agreement or divorce through court proceedings, there are probably two ways to pay child support:
1. If conditions permit, it can be paid in one lump sum;
2 temporarily do not have the conditions, can be paid monthly or regularly, can also be paid quarterly or annually.
If a consensus is reached, one party can bear all the alimony, and if the raising ability of one party obviously cannot guarantee the expenses needed by the child, it will affect the healthy growth of the child, it will not be allowed. Even if the above-mentioned child support agreement is reached, if the economic situation of both parties really changes after a period of time, and it is really necessary to increase or pay the living expenses and education expenses of the children, one party can still appeal to the court and ask the other party to bear the maintenance expenses.
The payment period of alimony should generally be until the child reaches the age of 18; If the parents are over 16 years old but under 18 years old, and their labor income is the main source of livelihood, and they can maintain the local general living standard, they can stop paying alimony; When a child comes of age, adult children who have not yet lived independently have difficulties in life, and if their parents have the ability to pay, they should still bear the necessary support.
It is parents' obligation to pay child support, but it is necessary to comprehensively consider the ability, economic level and the needs of children's living and education expenses of divorced parents. Therefore, the standard of divorce child support and how to give divorce child support? It needs to be analyzed according to the specific circumstances of the case. With the help of professional marriage and family lawyers, it is very worthwhile to strive for as much alimony as possible for children.