Who Must Pay Alimony?

Alimony is the cost of living, education, etc. that is borne by a parent or other person who has the obligation to support a minor.

Maintenance

Alimony is the cost of living, education, etc. that is borne by a parent or other person who has the obligation to support a minor.

The legal maintenance fee in our country refers to the fee paid to minors when these people are unable to perform their full or non-performing maintenance obligations.

Chinese name

Maintenance

Foreign name

support

Category

cost

Give

minor

"

Consider the following three aspects of the amount of child support:

the actual needs of the children;

Affordability of both parents;

Local actual living standards. ^[1]

"

Changes in maintenance include three cases: increase, decrease, and exemption. The increase in child support is raised by the child when necessary. Except for the price adjustment, the original amount is difficult to maintain the child's living needs; or the child's education and actual support costs exceed the original amount; it may also be due to the child's illness One party is unable to pay the full medical expenses; or the economic income of the party that has the obligation to pay has increased significantly. In this case, the children and their living standards are very different. Conversely, a parent or mother who has an obligation to pay may also be exempt from maintenance payments under special circumstances. Reduction of payment, mainly refers to the payer, due to long-term illness or

"Maintenance", as the name implies, is a fee necessary for the healthy growth of minors, and it includes daily living expenses, education expenses, medical expenses and other contents. "

The maintenance costs include child living expenses, education expenses, medical expenses and other expenses. According to Article 37 of the Marriage Law: after divorce, the children raised by one party, the other party shall bear one or all of the necessary living and education expenses, and the amount of the expenses and the length of the period shall be agreed upon by the two parties; In case of failure, the people's court will decide. The agreement or judgment on the child's living expenses and education costs does not prevent the child from making any reasonable request to either of the parents that exceeds the original amount of the agreement or judgment.

1.Agree by both parents

Parents shall reach a clear and specific agreement on issues related to maintenance through equal and voluntary consultations, and shall not be permitted if they do not harm the legitimate rights and interests of the children. However, the agreement should be conducive to the healthy growth of the child and must not harm the legitimate rights and interests of the child. In order to prevent both parents from harming the interests of their children, the marriage registration authority or the people's court should carefully review the economic situation, ability, needs of the children, local life, and education level of both parties. If the agreement is not good for the children, they should not Allowed.

2. Judgment by the people's court

When the two parties fail to reach agreement or their agreement is not allowed, the people's court shall proceed to protect the children s legitimate rights and interests and promote the healthy growth of the child. A judgment shall be made according to the actual needs of the child, the affordability of both parents, and the actual local living standard. .

1.The standard of maintenance is generally paid according to 20 ~ 30% of the monthly salary income.

Article 7 of the "Some Specific Opinions of the Supreme People's Court on the People's Court's Handling of Child Rearing in Divorce Cases" stipulates that the amount of child rearing fees can be determined according to the actual needs of the children, the affordability of both parents, and the actual local living standards.

Where there is a fixed income, the childcare fee is generally paid at a rate of 20-30% of its total monthly income. If the burden is on two or more children, the proportion can be increased appropriately, but it must not exceed 50% of the total monthly income.

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

In special cases, the above ratio can be appropriately increased or decreased.

2. Payment methods and scope of maintenance

Article 8 of the "Several Specific Opinions of the Supreme People's Court on the People's Court's Handling of Child Rearing in Divorce Cases" stipulates that childcare fees shall be paid on a regular basis and may be paid in a lump sum under conditions.

Article 9 stipulates that if one party has no economic income or its whereabouts are unknown, its property can be used to offset the child rearing expenses.

According to the above regulations, the method of payment of child support is generally monthly, and it is paid into the child support special account or paid when visiting the child on a monthly basis. In practice, many parties require the other party to pay the child support at one time because of this. Save the hassle of asking for money, in the second place, you can offset the payment to the other party. However, whether to adopt a one-time payment method depends on the actual payment capacity of the other party and the attitude of the other party. If the party who does not directly raise the child does not agree to a one-time payment, the court will not order the one-time payment.

The alimony does not only refer to the cost of living. Article 21 of the Interpretation of the Marriage Law clearly states that "alimony" includes three items, namely, living expenses, education expenses and medical expenses. Therefore, in divorce, in addition to the cost of living, full consideration must be given to education and medical expenses, and strive for a higher proportion within the standard of support (20-30%).

3. Under what circumstances do parents have the obligation to support children up to the age of eighteen (aged)?

In general, the obligation of a parent to raise a child ends at the age of eighteen. Beyond the age of eighteen, parents have no statutory support obligations, including child support payments while they are in college.

At the same time, Article 21 of the Marriage Law stipulates that when parents fail to fulfill their maintenance obligations, children who are minors or cannot live independently have the right to ask their parents to pay maintenance. "

Party A and Party B have one child (female), and now they have reached the following agreement on the child (female) _____ support:

I. ________, to be supported by Party A (B).

2. (1) Party B (A) shall pay Party A (B) ____ yuan each month as maintenance of ______ (up to the age of 18) starting from ______ month ______. The maintenance can be adjusted according to the other party's economic situation, and it can be settled through negotiation. If the negotiation fails, it can be solved through legal channels.

2, ______ after the age of 10 with his father and mother to choose by themselves.

3. The medical expenses of _____ shall be advanced by the fostering party within Yuan. Both parties A and B shall bear half of the medical expenses. If the amount exceeds RMB, the fostering party shall notify the non-parenting party and both parties shall bear the burden.

4. Party A (B) can visit the children at (time), and Party B (A) should actively cooperate.

5. Once the agreement is signed, it will become effective, and both parties will abide by it, otherwise all the liabilities will be borne by the breaching party.

This agreement is in duplicate, one for each party.

person A person B:

_____year month day

In judicial practice, the following three methods are often used:

I. One-time payment Although some people think that this payment method should be used with caution, currently people's economic income has increased significantly, job transfers are very frequent, and the court's enforcement efficiency is also taken into consideration. Divorce in the court involves children Most of the maintenance payments are made in this way. And this method is accepted by most parties.

2. Periodic payments and rebates are paid on a monthly, quarterly, or annual basis. Rebates are often applied to a party whose whereabouts are unknown. The lump-sum payment or rebate is generally based on the age of eighteen, that is, the specific number is the monthly or annual maintenance amount multiplied by the child up to the age of eighteen, and the total lump sum payment is calculated.

After the child support is legally effective, due to the changes in life, when the parents' financial status and the actual living standards of the society change, they can request to increase, decrease or waive the child support. The reasons for the child's request for the increase include:

1.The original amount of maintenance was not enough to maintain the actual living standards of the local area;

2. The actual needs of the female factor in illness and schooling have exceeded the original amount. If the above reasons occur, it is obviously not fair for the party that does not raise the child to bear the costs if it does not increase the cost. Of course, regardless of the cost of living and education, we must proceed from reality. For the large number, it must be determined by the two parties through consultation, otherwise the decision will be borne by the individual. Now more prominent is the choice of school fees. Such as rural children sent to aristocratic schools to study. A one-time payment of 50,000 or 100,000 yuan should be borne by the parties through consultation. As for the reduction and exemption of child-raising expenses, it is mainly aimed at the reduced payment ability of the dependants and the decrease of economic income; or the children, although they are under 18 years of age, already have labor income and can use their labor income to maintain their own living needs. In practice, due to the large monthly payments, the change in maintenance fees generally accounts for most of the increase.

The judicial interpretation of the New Marriage Law, which came into effect on December 27, 2001, clearly stipulates that children raised by parents only refer to "still in school receiving a high school education or below, or the loss or inability to work is not subjective and impossible Adult children who maintain a normal life. "It is clear that those with a college degree or higher are excluded from parental support obligations. How to prevent the other party from defaulting or failing to pay maintenance? First of all, when divorce, the amount of child support, the period and method of payment should be clearly and specifically included in the divorce mediation or judgment. This creates legal conditions for future implementation.

The alimony is mainly a manifestation of the child's obligation to support minor children after the divorce of the parents, so the period of payment of the alimony is in principle to the child's adulthood. There are two types of childcare payment period: principle period and special period:

1. Principle period:

According to the meaning of the child's adulthood, the principle period is generally paid until the child is 18 years old. If the child is over 16 years of age and under 18 years of age, and his or her labor income is the main source of livelihood and can maintain the local standard of living, parents can also stop paying childcare fees. That is, parents under 16 years of age must pay child support. Parents over 16 years of age and under 18 years of age will pay according to the situation.

2. Special period:

In some special cases, although the child is an adult, if the parents can afford it, they still have to bear their maintenance. The suspension period depends on the specific situation, including the following three cases:

(1) An adult child is incapacitated or, although his or her incapacity is not completely incapacitated, his or her income is not sufficient to support him;

(2) Adult children are still studying in school;

(3) Adult children do not have the ability and conditions to live.

If there is a child in one of the above special circumstances, the parents who can afford it will still have to bear the maintenance, which is also to reasonably protect the interests of the child. After all, in real life, a child just started college at the age of 18, and it is just when money is needed. If the child's parents divorced when the child was a child, the maintenance fee determined according to the living standard at that time cannot meet the needs of college life. For example, some special children, physical disabilities or autism, may not be able to live independently for their entire lives. This situation can not stop paying child support because of adulthood, which also reflects the fairness and justice of the law.