My friend is divorced, and her wife doesn't want children. The divorce agreement says that she has to pay 500 alimony (including education, medical expenses and living expenses) every month. Is it legal? According to Article 1076 of the Civil Code of People's Republic of China (PRC), your friend and his wife can divorce by agreement. According to the regulations, if the husband and wife voluntarily divorce, they should sign a written divorce agreement and apply for divorce registration in person at the marriage registration office. The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal. If his wife doesn't want custody of the children, but your friend agrees to want custody of the children and accepts the amount of support that the other party can pay, both parties can agree on the child support through agreement and register for divorce.

If both parties can't reach an agreement on the ownership of custody and the amount of alimony, they can file a divorce lawsuit according to Article 1079 of the Civil Law of People's Republic of China (PRC) (hereinafter referred to as the Civil Law). If one of the spouses requests a divorce, the relevant organizations may mediate or directly file a divorce lawsuit with the people's court. In divorce proceedings, if one party wants custody or both parties claim custody, the court will judge the ownership of custody according to the principle that it is more conducive to the growth of the child, and consider the actual expenditure of the child and the monthly salary level of the party who does not directly raise the child to judge the amount of maintenance. According to Article 1084 of the Civil Code of People's Republic of China (PRC), after divorce, children under two years old are directly raised by their mothers. For a child who has reached the age of two, if both parents fail to reach an agreement on the issue of support, the people's court shall make a judgment based on the specific circumstances of both parties and the principle of being most beneficial to the minor children. Children over the age of eight should respect their true wishes.

But your friends need to understand that the relationship between parents and children will not be eliminated after divorce. Minor children need direct support from one party, while the other party still has the right and obligation to support, educate and protect them. According to article 1084 of the Civil Code of People's Republic of China (PRC) (hereinafter referred to as "Civil Code"), the relationship between parents and children will not be eliminated due to the divorce of parents. After the divorce, the child is still the child of both parents, whether or not the parents directly raise him. After divorce, parents still have the right and obligation to raise, educate and protect their children.