How is the child support clause stipulated in the new marriage law?

Nowadays, the divorce rate is getting higher and higher, and the slogan of persuading peace in the lobby of the Civil Affairs Bureau is very popular. After divorce, everyone has to face a problem, who will have a child in the afterlife, and the other party will pay alimony.

First, the provisions of the new marriage law

Article 37 of the Marriage Law stipulates that 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.

Second, the specific provisions

1. Alimony for divorced children shall consist of children's living expenses, education expenses, medical expenses and other expenses.

In practice, the following aspects should be considered when determining child support:

(1) The actual needs of children;

(2) The bearing capacity of both parents;

(3) the local actual living standard.

2, due to the different social division of labor, the work of the parties is also different.

Judging from the existence of fixed income, it can be divided into the following categories:

(1) If there is a fixed income, the amount maintained can generally be 20%-30% of the 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 wages here should include wages, relatively fixed bonuses and so on. (you can't just determine the total amount by the amount of the payroll. In case of false report or concealment, the other party may apply to the court for investigation to determine the number of people. )

(2) If there is no fixed income, the amount of childcare fee can be based on the income of the current year or the average annual income of the same industry, and its proportion is the same as the first point. (This point is mostly based on the average annual income and average annual living expenses determined by the reference standard of Road traffic accident compensation Project issued by the traffic police department of this province and city. )

(3) Under special circumstances, such as private entrepreneurs and disabled children, appropriate consideration should be given to increase or decrease; We should start from the actual needs of children.

Third, how to pay the maintenance fee?

1, one-time payment

Although some people think that this payment method should be used cautiously, at present, due to the significant increase in people's economic income, job transfer is very frequent, and the efficiency of court execution is also considered; In court, divorce involves child support, which is often done. And this way is accepted by most parties.

2. Regular payment and commodity offset

Regular payments are generally made on a monthly, quarterly or annual basis, and payment in kind is often applicable to the missing party.

One-time payment or half-fold is generally based on 18 years old, that is, the specific figure is the monthly or annual support amount multiplied by the amount of children raised to 18 years old, and the total amount of one-time payment is calculated. After the legal effect of child support, due to the variability of life, parents can ask for an increase, decrease or exemption of child support when their economic situation, raising ability and social actual living standard change; The reasons why children ask for an increase in alimony include:

(1) The original amount of support is not enough to maintain the local actual living standard;

(2) The actual demand has exceeded the original amount due to children's illness, school and other reasons.

If, after the above reasons, the parent who does not raise the child does not increase the cost, it is obviously unfair for the parent who raises the child to bear it. Of course, both living expenses and education expenses should proceed from reality. Involving a large number of people, it must be determined by both parties through consultation, otherwise the decision will be borne by the individual. What is more prominent now is the school selection fee. For example, rural children are sent to aristocratic schools. If 50,000 yuan or100,000 yuan must be paid in one lump sum, both parties shall negotiate how to bear the expenses.

Legal objectivity:

The Supreme People's Court's Interpretation on the Application of the Marriage and Family Section of the Civil Code of People's Republic of China (PRC) (I)

Article 48

On the premise of protecting children's interests, the people's court shall support parents who agree to take turns to directly raise their children.

The Supreme People's Court's Interpretation on the Application of the Marriage and Family Section of the Civil Code of People's Republic of China (PRC) (I)

Article 49

The amount of alimony can be determined according to the actual needs of the children, the affordability of both parents and the local actual living standard.

If you have a fixed income, you can generally pay alimony at the rate of 20% to 30% of your total monthly income. 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.

If there is no fixed income, the amount of maintenance can be determined according to the total income of the year or the average income of the same industry with reference to the above ratio.

Under special circumstances, the above ratio can be appropriately increased or decreased.

The Supreme People's Court's Interpretation on the Application of the Marriage and Family Section of the Civil Code of People's Republic of China (PRC) (I)

Article 50

Maintenance shall be paid regularly, and can be paid in one lump sum if conditions permit.