Many people are very concerned about the child support after the divorce of husband and wife. How much should the child support be paid, how to pay it, whether it is a one-time payment or phased payment? The following is an introduction to this knowledge:
In divorce cases, the people's court generally determines the amount of child support according to the following three standards:
1. The actual needs of children.
2. Affordability of both parents.
3. Local actual living standards.
How to determine the specific amount of child support standard?
According to the judicial interpretation, after the husband and wife agree to divorce, the child support can be paid according to the following standards:
1. If there is a fixed income, the upbringing fee can generally be paid in the proportion of 20% to 30% of its total monthly income. The proportion of those who bear the upbringing expenses of two or more children may be appropriately increased, but generally shall not exceed 50% of their total monthly income.
2. If there is no fixed income, the amount of upbringing fee can be determined according to the total income of the current year or the average income of the same industry with reference to the above proportion.
3. Under special circumstances, the above proportion can be appropriately increased or reduced.
Payment method of alimony
After the amount of alimony is determined, how to fulfill it? In judicial practice, the following two methods are often adopted:
1、 Lump sum payment
Although some people think that this method of payment should be used cautiously, at present, due to the significant increase in people's economic income, job transfer is very frequent, and the execution efficiency of the court is also taken into account; This method is often adopted when the court decides that divorce involves child support. And this way is accepted by most parties.
2、 Regular payment and barter
Regular payment is generally paid monthly, quarterly or annually, and barter is often applicable to the party whose whereabouts are unknown.
The bottom line of one-time payment or object discount is generally 18 years old, that is, the specific number is the amount of monthly or annual alimony multiplied by the amount of child support until 18 years old, and the total one-time payment is completed. After the legal effect of child support, due to the variability of life, when the parents' economic status, support ability and social actual living standard change, they can file a request for increase, decrease or exemption of child support; The reasons for children's request for increased alimony include:
1. The original amount of alimony is insufficient to maintain the local actual living standard;
2. Due to children's illness, school, etc., the actual needs have exceeded the original amount.
If after the above reasons occur, it is obviously unfair for the party who does not raise the child to bear the expenses if it does not increase the expenses. Of course, regardless of living expenses and education expenses, we should proceed from reality. If the number involved is large, it must be determined by both parties through consultation, otherwise it will be borne by the individual of the party making the decision. Now the more prominent is the school selection fee. For example, rural children are sent to noble schools. The one-time payment of 50000 or 100000 yuan shall be borne by both parties through negotiation.
As for the reduction and exemption of child rearing expenses, it is mainly aimed at the reduction of the payment ability and economic income of the dependants; Or children who are under the age of 18 but have labor income and can maintain their own living needs with their own labor income. In practice, there are more monthly payments, so the increase of alimony generally accounts for the vast majority. It can be seen from the above that whether the party who does not actually raise children has a fixed income will directly affect the calculation standard of child support.