User consultation: There are two children. How much is the child support in case of divorce?
Lawyer Guo Qibin of Zhejiang Deshun Law Firm replied:
In divorce cases, the court will make different judgments on child support according to different situations:
1, if both parties can reach an agreement on child support, issue a judgment according to the will of both parties;
2. If both parties can't reach an agreement on child support, the court will make a judgment according to the principle that one person supports one child;
3. The court will refer to the child's age, gender and other factors when deciding to raise. Under normal circumstances, children under two years old are raised by the woman in principle, and children between two and ten years old are judged by the court according to the principle of being conducive to the growth of children. Children over the age of ten can ask for their advice.
The custody of children is generally handled by both parties through consultation in accordance with the principle of being conducive to the growth of children. If children are younger, they are more likely to follow their mothers. If there are two children, parents usually raise one each. If the child is over ten years old, the child's opinion should be considered when living with his father or mother.
The alimony of two children is based on meeting the needs of children's life and growth. 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.
Article 7 of the Supreme People's Court's Several Specific Opinions on Children's Support in People's Courts Handling Divorce Cases points out that the amount of child care fees can be determined according to the actual needs of children, the affordability of both parents and the local actual living standards.
If you have a fixed income, you can generally pay the child care fee according to the proportion of 20% to 30% of the 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.
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.
Under special circumstances, the above ratio can be appropriately increased or decreased.
Lawyer Guo Qibin's analysis:
Article 2 1 Judicial Interpretation of Marriage Law The "alimony" mentioned in Article 21 of Marriage Law includes children's living expenses, education expenses and medical expenses.
The educational expenses for receiving high school education at or below school should be borne, but the extra school selection fees paid by private schools and aristocratic schools with higher fees or the sponsorship fees due to insufficient test scores should not belong to the maintenance fees.
If the child goes to school without the consent of both parents, the parents who disagree may not pay the fee, but the parents who agree will pay the fee.
Maintenance is limited to necessities, and there is no legal basis for children to buy computers and mobile phones, travel expenses, commercial insurance and other expenses, so parents can refuse to pay.
Medical expenses for children with serious illness or terminal illness are limited to those that can be reimbursed by social medical insurance. For example, the cost of kidney replacement for children with renal failure and the cost of bone marrow transplantation for children with leukemia are not included in alimony. Parents only have the moral responsibility to bear the expenses, but have no legal obligation to bear the expenses.
The principle of determining the amount of alimony is conducive to the healthy growth of children. Then when determining the amount of alimony, the first thing to consider is the actual living expenses, education expenses and medical expenses of the children before their parents divorce. Some children had better living conditions before their parents divorced, and they also enrolled in various classes. When parents divorce, they should take these situations into account and try to keep their children's previous living conditions.
For the determination of the amount of alimony, we should also consider the parents' economic income ability, especially the ability of the one who pays alimony. If the ability to pay is strong, bear more appropriately; If the ability to pay is weak, bear less appropriately.
Peking University, bachelor of law, third-class lawyer, once served as vice president of Zhejiang Alumni Association, member of foreign-related maritime and commercial committee of Zhejiang Lawyers Association, director of Shaoxing Lawyers Association and deputy director of intellectual property and foreign-related committee, deputy to Keqiao District People's Congress, and member of Keqiao District People's Congress Supervision and Judicial Committee.