How to determine the amount of alimony in this paragraph?
The amount of child care fees should be considered from the following three aspects: ① the actual needs of children; Tolerance of both parents; ③ The actual living standard of the local area. Parents who do not live with their children after divorce can be divided into the following categories according to their income: ① If they have a fixed income, the amount of childcare fee can generally be 20%-30% of their total monthly income. The burden of raising more than two children can be appropriately increased, but generally it does not exceed 50% of the monthly income. The "total monthly income" here refers to the total wages, including wages and bonuses. You can apply for a court investigation order to investigate. (2) If there is no fixed income, you can refer to (1) to determine the number of childcare expenses according to the income of the current year or the average annual income of the same industry. Generally, the average annual income and average annual living expenses are determined by referring to the reference standard of Road traffic accident compensation Project. There are special circumstances, such as children suffering from serious diseases for a long time or disabled children, which can be appropriately increased.
What does editing this alimony include?
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.
Edit three kinds of maintenance fee changes in this paragraph.
The change of alimony includes three situations: increase, decrease and exemption. When necessary, the child proposes to increase the maintenance fee, and the original amount is difficult to maintain the children's living needs except for price adjustment; Or children's education, the actual cost of raising more than the original amount; It may also be because the child is ill and the adoptive parents are unable to pay all the medical expenses; Or the economic income of the party with the obligation to pay has increased significantly. In this case, children are far from their living standards. On the other hand, the party who has the obligation to pay can also reduce the payment of maintenance under special circumstances. Reducing payment mainly means that the payer is unable to pay the original amount due to long-term illness or loss of working ability, and if the parent who is raising the child can afford most of the child support, he can request reducing payment.
Edit this divorced child support.
"Maintenance", as its name implies, is a necessary expenditure for the healthy growth of minors, including daily living expenses, education expenses and medical expenses. Article 37 of the Marriage Law stipulates that after divorce, one party shall raise the children and the other party shall bear part or all of the necessary living expenses and education expenses. "Marriage Law" makes such a provision on the basis that after the divorce of husband and wife, no matter whether they live with their father or mother, the children are still the children of both parents, and the relationship between parents and children does not change due to the divorce of husband and wife. However, how to define the time when the party who does not directly raise the child pays the child's living expenses, education expenses and medical expenses? The interpretation of Law No.30 of the Supreme People's Court 200 1 year is as follows: "Children who can't live independently" mentioned in Item 2 of Article 21 of the Marriage Law refers to "children who are still receiving education below senior high school" and "adult children who can't maintain a normal life due to non-subjective reasons such as loss or incomplete loss of working ability." The specific amount of child support paid by the party who does not directly support the child can be determined by both parties through consultation. If negotiation fails, the people's court points out that the amount of child support can be determined according to the actual needs of the children, the affordability of both parents and the local actual living standard according to "Several Specific Opinions on How People's Courts Handle the Problem of Child Support in the Trial of Divorce Cases" issued by the Supreme People's Court 19931March 3. Generally, the child care fee can be paid according to the proportion of 20% to 30% of the total monthly income, and the burden of two children can be appropriately increased, but the maximum is generally not more than 50% of the total monthly income. If there is no fixed income, it can be calculated according to the previous proportion according to the total income of the year or the average income of the same industry. Alimony payment time: 1, minor, until children reach adulthood. Children are over 16 years old but under 18 years old, and my labor income is the main source of income, which can be paid to 16 years old; 2, during the school, to high school graduation.
Edit this paragraph. How to share the cost of raising divorced children?
Maintenance includes children's living expenses, education expenses, medical expenses and other expenses. According to the provisions of Article 37 of the Marriage Law, after divorce, for the children raised by one party, the other party shall bear part or all of the necessary living expenses and education expenses, 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.
This paragraph is amended as "Measures for the Administration of the Collection of Social Support Fees".
first
In order to standardize the collection and management of social maintenance fees, safeguard the basic national policy of family planning, protect the legitimate rights and interests of citizens, and realize the coordinated development of population and economy, society, resources and environment, these measures are formulated in accordance with the Population and Family Planning Law of the People's Republic of China (hereinafter referred to as the Population and Family Planning Law).
second
Citizens have the right to have children according to law, and at the same time, they should fulfill their family planning obligations according to law, and their childbearing behavior should comply with the provisions of the Population and Family Planning Law. The local people's governments at all levels and the family planning administrative departments of the people's governments at or above the county level shall take comprehensive measures to do a good job in family planning publicity and education, contraception and birth control services and other regular work, so that the reproductive behavior of citizens within their respective administrative areas conforms to the provisions of the Population and Family Planning Law.
essay
Citizens who give birth to children that do not meet the requirements of Article 18 of the Population and Family Planning Law shall pay social support fees in accordance with the provisions of these Measures. The collection standards of social maintenance fees are based on the annual per capita disposable income of local urban residents and the annual per capita net income of rural residents, and the amount of collection is determined in combination with the actual income level of the parties and the situation of having children that do not comply with laws and regulations. The specific collection standards of social support fees shall be stipulated by provinces, autonomous regions and municipalities directly under the Central Government. No unit or individual may, in violation of the provisions of laws and regulations, add fees related to family planning without authorization and raise the collection standard of social support fees.
Article 4
The collection of social maintenance fees shall be decided in writing by the family planning administrative department of the people's government at the county level; The family planning administrative department of the people's government at the county level may entrust the township (town) people's government or the subdistrict office to make a written decision on expropriation.
Article 5
(a) if the party's childbearing behavior occurs in the current residence, the family planning administrative department of the people's government at the county level in the current residence shall make a decision on the collection according to the collection standard of the current residence; (two) the birth behavior of the parties occurred in the domicile, the family planning administrative department of the people's government at the county level where the domicile is located shall make a decision on the collection according to the collection standard of the domicile; (3) If the family planning administrative department of the people's government at the county level where the party is currently living or registered residence has not found the party's reproductive behavior, the family planning administrative department of the people's government at the county level who first found the reproductive behavior shall make a decision on the collection according to the local collection standards. If a party is levied social maintenance fee in one place, it may not be levied social maintenance fee again in another place for the same fact.
Article 6
The decision on the collection of social support fees shall take effect as of the date it is served on the parties concerned. The parties concerned shall pay the social maintenance fee in one lump sum within 30 days from the date of receiving the decision on expropriation. If it is really difficult for a party to pay social maintenance fees in one lump sum, it shall submit a written application for installment payment to the family planning administrative department of the people's government at the county level within 30 days from the date of receiving the collection decision, and provide relevant certification materials. The family planning administrative department of the people's government at the county level shall, within 30 days from the date of receiving the application from the parties, make a decision on whether to approve or disapprove the installment payment, and notify the parties in writing. When collecting social maintenance fees, a receipt for social maintenance fees uniformly printed by the financial departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be issued to the parties concerned.
Article 7
Specific measures for the collection and payment of social maintenance fees shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government according to local actual conditions.
Article 8
If the party concerned fails to pay the social maintenance fee within the prescribed time limit, a late fee of 0.2% of the unpaid social maintenance fee will be charged every month from the date of default; If it still fails to pay, the family planning administrative department that made the collection decision shall apply to the people's court for compulsory execution according to law.
Article 9
If a party refuses to accept the collection decision, it may apply for administrative reconsideration or bring an administrative lawsuit according to law. During the period of administrative reconsideration or administrative litigation, the collection decision shall not be suspended; However, unless otherwise stipulated in the Administrative Reconsideration Law and the Administrative Procedure Law.
Article 10
Social maintenance fees and late payment fees shall be turned over to the state treasury in full in accordance with the provisions of the financial department of the State Council and incorporated into the local financial budget management; No unit or individual may intercept, misappropriate, embezzle or privately divide it. The funds needed for family planning work shall be guaranteed by the finance of the people's governments at all levels.
Article 11
The departments of family planning, finance, planning (price), auditing and supervision of the people's governments at or above the county level shall strengthen the supervision and inspection of the collection and management of social support fees.
Article 12
The unit to which the party belongs or the villagers' committee or the urban residents' committee shall cooperate with the collection of social maintenance fees according to law.
Article 13
In violation of laws and regulations, the charging items related to family planning are added without authorization, or the collection standard of social maintenance fees is raised without authorization, which shall be dealt with in accordance with the Interim Provisions on Administrative Punishment for Violation of Administrative Fees and Confiscated Income Management Provisions.
Article 14
Those who intercept, misappropriate, embezzle or privately divide social support fees shall be investigated for criminal responsibility in accordance with the provisions of the Criminal Law on the crimes of corruption, misappropriation of public funds and privately dividing state-owned assets; If it is not serious enough for criminal punishment, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions of demotion, dismissal or dismissal according to law.
Article 15
These Measures shall come into force as of September 6, 2002.
Edit this maintenance agreement
Party A and Party B have given birth to a child (female), and now the following agreement is reached on the custody of the child (female): 1 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ II. 1. From _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. If negotiation fails, it can be settled through legal channels. 2. _ _ _ _ After ten years old, it depends on whether you follow your parents or not. Third, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. Party A (B) may visit the children at (time), and Party B (A) shall actively cooperate. 5. This agreement will come into effect as soon as it is signed, and both parties shall abide by it, otherwise all responsibilities shall be borne by the breaching party. This agreement is made in duplicate, one for each party. Party A: Party B: _ _ _ _ _ _ _ _ _ _