The standard for maintenance is how much a month

How much is the standard for maintenance? Law, manner of calculation, full analysis of reference price

Description of maintenance costs

Many people agree on alimony when they are divorced, which can be misinterpreted as a mere maintenance for children. According to article 42 of the civil code, maintenance payments, which are the basic maintenance expenses of parents for their minor children, include maintenance, basic education and regular medical expenses。

The cost of living, mainly for the children's daily food and clothing, daily supplies, basic food and accommodation; the education fee is limited to the necessary expenses such as compulsory education, school fees at the upper secondary level, book fees, extracurricular classes, interest classes, high-priced school fees, which are not legally compulsory and require prior consensus between the two parties; and medical expenses are minor medical expenses for daily diseases, medical examinations, routine medicines, etc. If the child suffers from a major illness, a large amount of surgical costs, which exceed the daily maintenance budget, this significant expense is generally shared equally between the parents, excluding the liao ning province dalian from the monthly fixed maintenance。

At the same time, it should be made clear that maintenance payments are generally made to minor children; the child reaches the age of 18 and can normally be suspended; however, the child is still in high school and below the age of 18, or is disabled and unable to live independently, and the parents are still required to continue paying maintenance. The present document describes the legal criteria for calculating maintenance payments, the reference price table, the manner in which payments are made, and the conditions for increases or exemptions, in order to facilitate consultation between divorced couples and reference to the proceedings。

Graphics of maintenance rules

There is no single national fixed amount for maintenance, and the courts have ruled on three main principles: the actual needs of the child, the affordability of the parents, the actual living standards of the local population, and the core reference ratio in the judicial interpretation of article 49 of the constitution. The paying party has a fixed income: a child is paid 20-30 per cent of the monthly gross income; two or more children are raised by one parent, which can be increased but generally does not exceed 50 per cent of the monthly gross income. The total monthly income here is not only the basic wage, but also the total income of bonuses, performance, subsidies, fixed increments, etc., and not only the base salary. 2. The payer has no fixed income: for example, self-employed, freelance, casual workers, calculated on the basis of the total income for the year or the average income of the same sector, by reference to 20-30 per cent above. 3. Special circumstances can be adjusted upwards or downwards: the child is seriously ill, disabled and requires long-term rehabilitation, which can be improved as appropriate, and the paying party is seriously ill, incapacitated and under heavy debt pressure, which can reduce the standard of maintenance as appropriate。

It should be recalled that 20-30 per cent is a reference area, not a mandatory death penalty, and if the amount is too high at this rate, it is clearly beyond the normal standard of living of the local child, the court will lower it。

Supplementary remarks: 1 or 2 children are fully supported by one parent, which generally does not exceed 50 per cent of the monthly income of the paying party; 2 or 1 person raising a child, mostly without paying each other's maintenance, is only able to make up the difference when the income gap between the two is significant; 3 or high-income groups, where the income is high, the court does not increase maintenance indefinitely, which will be capped at the normal level of consumption of the local child。

Information on how maintenance is paid

After determining the monthly amount, the method of payment is also the key element of the divorce agreement, the conciliation letter, and the mainstream is divided into three categories: first, monthly payment, which is also the most common method in practice, transfers on a fixed date per month, notes “xx child support per month”, keeps a record of transfers, facilitates subsequent reconciliation, protects rights and has the lowest risk. The second is quarterly, annual payments, suitable for groups of people whose income is unstable and doing business, a one-time payment of one quarter or one year's expenses, and the agreement is clear about the overdue default. Third, one-time payments, requiring the free consent of the other party, are generally not mandatory by the court. Many fear that the other will not pay and want a one-time settlement, but a one-time payment is substantial and difficult for many payers to bear, followed by additional charges if the child is ill and prices rise。

In addition, the agreement must contain a clear statement of the collection account, how long it is due to be in default, and the late obligation to default, so as to avoid late defaults and failure to link. If the other party refuses to pay maintenance, it can file a direct complaint, obtain a judgement and apply for enforcement, freezing bank cards and micro-credits。

Increased maintenance conditions, coputu

(a) first, the amount of the original maintenance allowance has not kept pace with local prices and is not sufficient to sustain basic living。

To give an example: a divorce agreement of $1,000 a month, an increase in local prices a few years later, an increase in the child's participation in secondary school, an increase in the cost, and an increase in the costs of a direct parent's claim in the name of the child. It needs to be noted that not simply reporting interest classes, buying luxury goods, can raise maintenance costs, which must be necessary and reasonable in the first place。

Application of alimony relief figure

The party paying maintenance may also apply for a reduction in its ability to pay due to a major change in its capacity to pay, but may not refuse to pay on the grounds of “no money” at will. The courts have recognized that:。

Once the economy improves and income recovers, there is still a need to restore the original maintenance standard and not permanently exempt from maintenance obligations. It is not possible to unilaterally refuse to pay maintenance to the children in front of them because they have reorganized their families and reborn their children。

Comparative chart of divorce maintenance payments

A large number of couples opt for divorce by mutual agreement, decide on the amount of maintenance, and agree on the characteristics of divorce: the amount is flexible and can be higher or slightly lower than the 20-30 per cent reference rate, with legal effect if signed voluntarily. The risk, however, is that if the agreed amount is too low, subsequent increases will require re-indictment。

In the case of divorce, the court decides on maintenance, and the judge makes strict reference to the income ratio and the local standard of living, taking into account the financial conditions of both parties, and the amount is relatively conservative and secure. If one of the parties conceals income, such as bonuses, secondary earnings, the other party may apply to the court for access to the bank flow, a tax record, and recalculate the maintenance base。

In practice, there are frequent pits: the divorce agreement, which states that “one of the parties voluntarily bears the full amount of maintenance without the other party paying”, is valid in principle, but the child can still sue for maintenance if the financial situation of the successor parent deteriorates。

The maintenance is paid until the age of 18. At the age of 18, the child is still in high school, and the parents are still paying; they have gone to university and are legally not obliged to pay university fees and can only consult voluntarily. Mistake ii: maintenance payments cover all extracurricular, school-selection and study abroad. The statutory maintenance allowance covers only basic education, high-cost training, school selection fees and, if the other party does not agree, no compulsory contribution. Mistake iii: low income allows for no maintenance. Maintenance is a legal obligation, even if it is low in income, and is assumed according to local minimum standards, and cannot be paid directly. Mistake iv: access rights and maintenance arrangements. They cannot be said to refuse to pay maintenance if they do not pay the child, nor can they pay the child on time, so they are not allowed to see the child, and two things are independent and cannot be set off against each other. Error area 5: cash payments are not supported by vouchers. Cash payments are not recorded, and late counterparties deny receipt of maintenance, making it difficult to prove evidence, giving priority to banks, micro-credit transfers and keeping records。

The standard of maintenance is usually how much a month, in the core sentence: there is a fixed income, 20-30 per cent of the total monthly income of a child, which generally does not exceed 50 per cent of the monthly income of two children, and no fixed income is determined by reference to the income of the same industry, the level of local consumption. The previous price table is a practical reference for the different municipalities in the country. It is used only for negotiating the final amount, giving priority to voluntary consultations between divorced couples, which cannot be determined by the courts in the context of income and local living standards。

Maintenance consists of maintenance, basic education, routine medical care, which is allocated separately; medical expenses for major cases are paid on a monthly basis in preference to monthly transfers and retention certificates; and maintenance can be increased and the conditions met can be requested to be reduced but the obligation of maintenance cannot be withheld at will。