Childcare fees can be paid in the following ways: First, they are paid regularly and in one lump sum. Depending on the parents' professional situation, in principle, it should be paid regularly, mainly referring to the monthly payment of parents with fixed income or considerable income; Parents engaged in agricultural production or with higher income can pay quarterly or annually; Under special circumstances, it can also be paid in one lump sum, if the parties have sufficient economic ability and have the conditions to pay in one lump sum; For divorce cases involving foreigners, overseas Chinese and compatriots from Hong Kong, Macao and Taiwan, the one-child health care fee is generally paid in one lump sum to avoid difficulties in future implementation. The second is something on sale. This method is mainly applicable to the party without economic income or the party whose whereabouts are unknown. In this case, according to the determined amount of child care fee payable, the property belonging to the party without economic income or the party whose whereabouts are unknown will be used to offset a considerable amount of child care fee and delivered to the party raising the child.
The payment period of children's health care fee includes principal period and special period. In principle, the time limit means that the child care fee is generally paid to the child 18 years old. Parents who are above 16 and below 18, and whose labor income is the main source of livelihood, can maintain the local general living standard, can stop paying the child care fee. The special period refers to the child's adult, according to the parents' financial ability, still need to pay their child care expenses, and the stop period depends on the specific situation. The following three conditions are prerequisites for adult children to apply in a special period: those who have lost their ability to work or have not completely lost their ability to work, but their income is not enough to support their lives and are still studying at school; Have no living ability and conditions. According to one of the above special circumstances, parents who have the ability still have to pay for childcare.
How to calculate the alimony for divorced children: (You are welcome to provide useful information, and we will continue to supplement it)
Child care costs generally account for 20% to 30% of total monthly income. With reference to the actual needs of children, the affordability of both parents and the local actual living standard as the standard, it is determined by both parents through consultation. If no agreement can be reached, the court shall make a judgment according to the above principles. The payment period of children's health care fee is determined according to the agreement of both parties. If there is no agreement, children can live independently.
Relevant laws and regulations:
Article 37 of the Marriage Law
For children raised by one party after divorce, the other party shall bear part or all of the necessary living and education expenses, and the amount and duration of the expenses shall be agreed upon 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.
"the Supreme People's Court's Several Specific Opinions on People's Courts Handling Child Support in Divorce Cases" (Excerpt)
Article 7 The amount of health care expenses for the only child can be determined according to the actual needs of the child, the affordability of both parents and the local actual living standard.
If you have a fixed income, you can generally pay the child care fee according to the proportion of 20% to 30% of the total monthly income. Bear the one-child health care costs of more than two children, the proportion can be appropriately increased, but generally not more than 50% of the total monthly income.
No fixed income, can refer to the above ratio, according to the total income of the year or the average income of the same industry to determine the amount of conservation fees.
Under special circumstances, the above ratio can be appropriately increased or decreased.
Eighth one-child health care costs should be paid regularly, conditional can be paid in one lump sum.
If Kujou Hajime Party has no economic income or its whereabouts are unknown, it can use its property to pay for the health care of the only child.
Article 1 1: Generally, the payment period of childcare fee is until the child is eighteen. Parents over 16 years old but under 18 years old, and labor income is the main source of livelihood, can maintain the local general living standard, you can stop paying childcare fees.
Article 12 Adult children who have not yet lived independently shall still bear the necessary childcare expenses if their parents have the ability to pay: (1) Those who have lost or have not completely lost their ability to work, but their income is not enough to support themselves; (2) still studying at school; (3) No independent living ability and conditions.
In divorce cases, everyone is most concerned about the child's support. Besides who will support the child, there is also the question of how to pay the child support. Below, according to the relevant laws and judicial practice, this issue is summarized.
1. What are the specific items of child support?
According to judicial interpretation, child support includes children's living expenses, education expenses, medical expenses and other expenses.
Second, what criteria does the court determine the maintenance fee?
In divorce cases, the people's court generally determines the amount of child support according to the following three criteria.
1, the actual needs of children.
2. The endurance of both parents.
3. The local actual living standard.
Third, how to determine the specific maintenance quantity?
According to judicial interpretation, after divorce, child support can be paid according to the following standards;
1. If you have a fixed income, you can generally pay the child care fee according to the proportion of 20% to 30% of your total monthly income. Bear the one-child health care costs of more than two children, the proportion can be appropriately increased, but generally not more than 50% of the total monthly income.
2 no fixed income, can refer to the above ratio, according to the total income of the year or the average income of the same industry to determine the amount of conservation fees.
3, there are special circumstances, can be appropriately increased or decreased.
Fourth, how should alimony be paid?
1, conditional, can be paid in one lump sum.
2, temporarily do not have the conditions, can be paid on a monthly or regular basis, can also be paid on a quarterly or annual basis.
5. Can the child's support be fully borne by one party?
1, if a consensus is reached. Of course, if there is evidence that the raising ability of the party who bears all the maintenance fees obviously cannot guarantee the expenses needed by the children, then it will not work.
2. Even after the above agreement is reached, if the economic situation of both parties really changes after a period of time, and it is necessary to increase or pay the living expenses and education expenses of the children, one party can still appeal to the court and ask the other party to bear the maintenance expenses.
6. When should the child support be paid?
1, the payment period of alimony should generally reach the child 18 years old.
2./kloc-parents can stop paying alimony if they are over 0/6 years old and under 0/8 years old, and their labor income is the main source of livelihood and they can maintain the local general living standard.
7. Do adult children still need parental support?
Adult children who have not yet lived independently have one of the following emotional punishments, and if their parents have the ability to pay, they should still bear the necessary support:
(1) has lost the ability to work or not completely lost the ability to work, but the income is not enough to maintain a living;
(2) still studying at school;
(3) No independent living ability and conditions.
8. Under what circumstances can a child ask for an increase in child support?
In any of the following circumstances, if the father or mother has the ability to pay, the court shall support the child's request to increase the child care fee:
(1) The original amount of childcare fee is not enough to maintain the local actual living standard;
(2) The actual demand has exceeded the original amount due to the child's illness, school and other reasons;
(3) there are other legitimate reasons that should be increased.
Nine, one party has no economic income or whereabouts is unknown, how to pay maintenance?
According to the judicial interpretation, if one party has no economic income or his whereabouts are unknown, he can use his property to pay the maintenance fee.
10. Should stepparents pay alimony to their stepchildren?
If the biological father divorces his stepmother or the biological mother divorces her stepfather, and the stepfather or stepmother does not agree to continue to raise the stepchildren who have been raised by him, they should still be raised by their biological parents, and the stepparents may not pay the stepchildren's support; If you agree to support it, of course, the law recognizes it.
XI。 Should adoptive parents pay alimony to their adopted children?
1. Before the implementation of the Adoption Law of People's Republic of China (PRC) (hereinafter referred to as the Adoption Law), if a child adopted by one of the spouses did not raise any objection and formed a de facto adoption relationship with the child, after the divorce, both parties shall bear the child's support;
2. Before the implementation of the Adoption Law of People's Republic of China (PRC) (hereinafter referred to as the Adoption Law), if a child adopted by a husband or wife is always opposed by the other party, after the divorce, the opposing party may not bear the maintenance fee and be raised by the adopter.
3. Before the implementation of the Adoption Law of People's Republic of China (PRC), children adopted by both husband and wife, or children adopted after the implementation of the Adoption Law of People's Republic of China (PRC), shall bear the responsibility for raising the adopted children in accordance with the provisions of the Law of Parents and Children before the adoption relationship is terminated.
Twelve, children change their surnames, parents can refuse to pay alimony?
According to the law, parents should not refuse to pay child care fees because their children change their surnames. However, if parents change their children's surnames to stepmother and stepfather's surnames without authorization, which causes disputes, they shall be ordered to restore the original surnames.
Law: After divorce, for the children raised by one party, the other party shall bear part or all of the necessary living expenses and education expenses, 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.
Interpretation: This article is about the burden of child support after divorce.
After divorce, parents still have the right and obligation to raise and educate their children. One parent should support the children, and the other parent should bear part or all of the child support. Therefore, after divorce, both husband and wife have equal economic responsibility for children's living expenses and education expenses. To understand this provision, we should pay attention to the following aspects:
First, the scope of alimony.
Maintenance includes: living expenses, education expenses and medical expenses.
Second, determine the two ways of raising children.
1, both parents agree.
Parents should be allowed to reach a clear and specific agreement on the relevant issues of alimony through equal and voluntary consultation without harming the legitimate rights and interests of their children. However, the agreement should be conducive to the healthy growth of children and shall not harm their legitimate rights and interests. In order to prevent both parents from harming their children's interests, the marriage registration authority or the people's court should carefully examine them according to their economic situation, ability, children's needs, local life and education level. If the agreement is not good for their children, it should not be allowed.
2, by the people's court.
If the two sides fail to reach an agreement, or the agreement does not allow it, the people's court shall make a judgment according to law according to the actual needs of the children, the affordability of both parents and the local actual living standard, from the perspective of protecting the legitimate rights and interests of the children and being conducive to their healthy growth.
Three, a few questions about alimony:
1, alimony amount
The amount of child support and the share borne by all parties are directly related to the vital interests of children, and the necessary support is also the basic guarantee for children's survival and necessary education. The amount of child care fee can be determined according to the actual needs of children, the affordability of both parents and the actual living standard in the local area. There are two situations:
First of all, for those who have a fixed income, the child care fee can generally be paid at the rate of 20-30% of their total monthly income. Bear the one-child health care costs of more than two children, the proportion can be appropriately increased, but generally not more than 50% of the total monthly income. The calculation of total wages shall include basic salary, grade salary, post salary, seniority salary, allowance, bonus, living allowance and other income.
Second, for those who have no fixed income, the amount of child-rearing expenses can be determined according to their total income in the current year or the average income in the same industry. For example, the standard for farmers to pay alimony is generally not lower than the local average. Child support for individual industrial and commercial households, professional contractors and private entrepreneurs shall be paid according to their operating conditions and actual profits. If one party has no economic income or his whereabouts are unknown, his property can be used to offset the child care fee.
2. Payment method of alimony
First, alimony should be paid regularly. Regular payments, usually in months, quarters and years. One party has a fixed monthly income, and the maintenance fee should be paid monthly; If there is no fixed monthly income, it can be paid quarterly or once a year, whether monthly or quarterly, semi-annually or annually. In order to facilitate execution, it should be stated in the mediation agreement or judgment.
Second, if there are economic conditions, it can also be paid in one lump sum. However, if one party requests a one-time payment, it should be handled with caution. If one-time payment is really necessary, we should pay attention to the conditions. The following situations can be paid in one lump sum: first, people going abroad or leaving the country; Second, individual industrial and commercial households, professional contractors and private entrepreneurs who have the ability to pay in one lump sum; Third, the party whose whereabouts are unknown is recorded in the property; Fourth, both sides are voluntary and consensual.
3, alimony payment period
1. Relevant laws and regulations, China's General Principles of the Civil Law stipulates: "Citizens over the age of 18 are adults, with full capacity for civil conduct, and are able to conduct civil activities independently. Citizens who have reached the age of 16 and under the age of 18 and whose main source of livelihood is their own labor income are regarded as persons with full capacity for civil conduct. " The Education Law stipulates that the state, society and parents must be responsible for minors' completion of nine-year compulsory education. As for education after nine years, parents are not necessarily obliged to pay tuition fees. According to the judicial interpretation in the Supreme People's Court, if (1) parents are over 16 years old but under 18 years old, and their labor income is the main source of livelihood and they can maintain the local general living standard, they can stop paying childcare fees. (2) Adult children who have not yet lived independently, if their parents have the ability to pay, should still bear the necessary childcare expenses: ① those who have lost their ability to work or have not completely lost their ability to work, but their income is not enough to support their lives; 2 still studying at school; (3) No independent living ability and conditions.
Second, we should pay attention to the problem. The so-called "adult children who cannot live independently" refers to adult children who are still receiving high school education or below, or who are unable to maintain a normal life due to non-subjective reasons such as loss or incomplete loss of working ability. There are conditions for parents to pay alimony to adult children. The legal conditions include two aspects: First, adult children need to be raised because they are still receiving education below senior high school, or because of non-subjective reasons such as loss or incomplete loss of working ability; Second, parents have affordability, that is, parents have the ability to pay maintenance obligations in addition to maintaining their own lives. If parents can't support themselves because they have the obligation to support them, they have no obligation to pay alimony.
4. Changes in maintenance costs
The law gives children the right to ask either parent for more than the original amount according to the actual situation, that is, the amount of maintenance can be changed under certain conditions. Whether the child's living expenses and education expenses are reached through an agreement at the time of divorce or a court decision, it does not prevent the child from asking either parent for a reasonable increase when necessary. As for whether the cost will increase and how much, it can't be decided by the child's unilateral request, but it should be solved through corresponding procedures. This procedure can be resolved by agreement between the children and their parents. If the agreement fails, it can be handled by the court according to the litigation procedure.
Children's request for an increase in alimony belongs to one of the following circumstances, and parents who have the ability to pay should be supported; First, the original amount of support is not enough to maintain the local actual living standard; Second, because children are ill at school, the actual demand has exceeded the original amount; 3, there are other legitimate reasons should be increased.
In addition, there are cases where one parent's alimony is reduced or exempted. There are usually two types:
First, the payer is really unable to pay according to the amount determined in the original agreement or judgment due to long-term illness or incapacity to work, and the parent who directly raises the child is both financially capable and willing to bear all the childcare expenses alone;
Second, the payer is sentenced to fixed-term imprisonment for illegal crimes, re-election or reeducation through labor, and loses his economic ability and is unable to pay. However, after personal freedom is restored, those who have financial resources should still pay according to the original agreement or judgment.
Third, only when the children are directly raised can they remarry. If the stepfather or stepmother is willing to bear part or all of the child support, the amount of support borne by the party with the obligation to pay can be relatively reduced. However, if the stepfather or stepmother is unwilling to raise them, the amount paid by the biological father or mother cannot be reduced. Article 28 of the Interpretation of the Supreme Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases (hereinafter referred to as the Judicial Interpretation of Personal Injury Compensation) stipulates that the living expenses of the dependents (hereinafter referred to as the maintenance expenses) shall be calculated according to the degree of the dependents' loss of working ability and according to the per capita consumption expenditure of urban residents and the per capita annual consumption expenditure of rural residents in the last year where the Court of Appeal is located. If the dependent is a minor, it is calculated as 18 years old; If the dependent has no ability to work and no other source of income, it shall be counted as 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years. A supporter refers to a minor who should bear the obligation of support according to law or an adult close relative who has lost the ability to work and has no source of income. If there are other dependents, the compensation obligor will only compensate the victim for the part that should be borne according to law, and if there are several dependents. The total annual compensation shall not exceed the per capita consumption expenditure of urban residents and the per capita annual living consumption expenditure of rural residents in the previous year. Including the range of dependents and the calculation of living expenses, there are different understandings in judicial practice. The author talks about his own superficial understanding of the problems often encountered in judicial practice.
First, the definition of the scope of support
According to the provisions of the above judicial interpretation, dependents can be divided into the following categories: 1, minors whose victims should bear the obligation of support. Including legitimate children, illegitimate children, adopted children and stepchildren. 2. Adult close relatives who have lost their ability to work and have no other source of income. 3. Parents of the victims. The first two items are not controversial. There is no dispute about the victim's parents over 60 years old as dependents, but the middle-aged parents as dependents are very controversial, which is the focus of many cases and one reason why the parties are entangled in litigation.
The current situation of China's economic and social development determines that the new marriage law still adopts the traditional family pension mode, rather than social pension. The Marriage Law stipulates that there are three main modes of family support for the aged: 1, legal support obligations, including children's support obligations to their parents and parents' support obligations to their children. It is an obligation that must be fulfilled by law, and it is not allowed to attach any conditions, otherwise it will face civil liability or even criminal liability. 2. Contingent obligations arise when necessary, that is, the obligation of mutual support between husband and wife. 3. Conditional obligations, that is, minors whose parents are dead or unable to support them, and grandparents who have the ability to support them have the obligation to support them; Brothers and sisters who have the financial ability have the obligation to support their brothers and sisters; Grandparents whose children are dead or unable to support them, and grandchildren who can support them, have the obligation to support them. For contingent obligations and conditional obligations, it is indisputable to insist on the premise of losing the ability to work and having no source of income as the definition of dependents, which is in line with the legislative spirit of the Marriage Law. Is it necessary for children who have the legal obligation to support their parents to lose their ability to work and have no source of income? Of course, there is no dispute about parents who have lost their ability to work due to illness, old age (60 years old) or other reasons, but for middle-aged parents who are healthy and normal, I have different opinions on the premise of losing their ability to work and having no financial resources:
First of all, birth and death are natural laws. When people get old, they will inevitably lose their ability to work and need their children to support them. Although this still belongs to the category of expected income, such expected income is inevitable, more like bank deposits, and payment is inevitable. Secondly, in real life, the upbringing and support between parents and children are intertwined and happen at the same time. When a child is underage, it is mainly manifested in the support of parents for the child; Children form a supportive relationship with their parents when they are adults. Children help their parents to work and fulfill certain support obligations. Parents take part in labor as much as possible and give their children help and mutual assistance with their social experience and knowledge (especially intellectuals); When parents are old and weak, or lose their ability to work due to illness or other reasons, it is mainly manifested in children's support for their parents. During the period before the parents lose their ability to work after their children become adults, this kind of support (maintenance) and support is a process of mutual existence, mutual choice and mutual transformation. As far as support is concerned, it is a process of increasing gradually until it is completely needed. It is impossible to formulate a standard to distinguish whether support is needed or not. Based on a certain age, it is neither scientific nor reasonable to artificially determine that parents need support. Imagine that for a male with normal health, if it is determined by the retirement age (55 years old) of the laborer that he needs child support, and at the age of 54, his child suffers personal injury due to infringement, the court will decide not to support the support request, which is unacceptable from the perspective of rationality and legality. Third, from the perspective of legality, the principle of tort compensation is generally the principle of compensation for losses. Article 1 19 of China's General Principles of Civil Law stipulates that if a citizen's body is infringed and causes death, he shall compensate the necessary living expenses to the person who was supported by the deceased before his death, but it does not stipulate that he must be a person who is completely incapacitated and completely in need of support. Because alimony is a process of increasing gradually until it is completely needed, it is against the principle of compensation for losses and the general principles of civil law to define whether alimony is needed or not by artificially determining an age. To sum up, the victim's parents should be defined as dependents and should not be divided into right and wrong by age. How to calculate the specific maintenance fee will be introduced in detail in the next section.
Second, the calculation method of maintenance fee
The calculation of alimony involves eight aspects: 1, and minors are calculated as 18 years old. Adults generally count as 20 years, and every increase 1 year decreases 1 year for those over 60 years old, and 5 years for those over 75 years old. 2. Calculated according to the per capita consumption expenditure of urban residents and the per capita annual consumption expenditure of rural residents where the Court of Appeal is located (hereinafter referred to as the annual per capita consumption expenditure). If the compensation obligee proves that the standard of its domicile or habitual residence is higher than that of the court of appeal, it shall be calculated according to the relevant standard of its domicile or habitual residence. 3, according to the degree of loss of labor ability. 4. If there are other dependents, only the part that the victim should bear shall be calculated. 5. The total annual compensation for several dependents shall not exceed the per capita consumption expenditure of the previous year. 6. Whether the calculation standard of alimony is based on the living condition of the victim or the domicile of the dependent, the standard calculation applicable to rural areas or towns shall be determined. 7. Calculation of students in school. 8. Calculation of the victim's parents' support. The author discusses six controversial issues in judicial practice as follows:
1. Some comrades think that the per capita consumption of the county and district where the victim is located is high and should be calculated according to the standards of the county and district. I don't think so. Because the annual per capita consumption expenditure standard stipulated in the judicial interpretation of personal injury compensation is the statistical data of provinces, autonomous regions, municipalities directly under the central government, special economic zones and cities with separate plans published by the government statistics department last year. It can be seen that the calculation data of judicial interpretation of personal injury compensation is based on the statistical data published by the governments of all provinces, autonomous regions, municipalities directly under the Central Government, special economic zones and cities with separate plans. Therefore, if the victim lives in a province, then only the statistical data of the province can prevail, not the statistical data of the counties or districts of the province. If the victim lives in another province, if the statistical data of that province is higher than that of the province where the court of appeal is located, the victim has the right to request that the maintenance fee be calculated according to the statistical data of the province where he lives.
2. The third question above. The degree of disability is closely related to the degree of disability of the victim, but it does not necessarily correspond. The calculation of alimony cannot be based on the degree of disability. Generally speaking, the degree of disability is also high, but the degree of disability caused by disfigurement and sexual dysfunction is obviously inconsistent. Because both the degree of disability and the degree of disability need judicial expertise to confirm, and each appraisal requires a certain amount of time and appraisal fees. In judicial practice, if a party has done the appraisal of the degree of disability and has not done it, the judge should inform the original and the defendant that if the degree of disability is not equal to the degree of disability, he can apply for the judicial appraisal of the degree of disability, otherwise the court will calculate the maintenance according to the degree of disability. Return the rights to the parties and let them choose between time, appraisal fee and litigation efficiency, thus embodying judicial justice.
For the fifth question mentioned above, there are different calculation methods in newspapers and works. Based on the principle of strictly following Article 28 of the Judicial Interpretation of Personal Injury Compensation, the author recommends a subsection calculation method, that is, it is calculated by subsection according to the years of support required by different dependents. If it exceeds the per capita consumption expenditure of the previous year, it will be calculated according to the per capita consumption expenditure of the previous year. For example, the victims of death are three brothers and sisters, father 68 years old, mother 62 years old, son 9 years old and wife. In the calculation of alimony, the father needs to support 12 years, the mother needs to support 18 years and the son needs to support for 9 years. Parents' alimony victims should bear one-third and sons' alimony victims should bear half. The maintenance period is divided into three stages: nine years, three years (12 minus nine years) and six years (18 minus nine years and three years). In the first nine years, there were three dependents, one-third of each parent's alimony was two-thirds, and one-half of the child's alimony was more than one, which should be based on the average of the previous year. The second phase is three years, and the son 18 years old or older, only the parents and the victim each bear one third, and the per capita consumption expenditure in the previous year is two thirds. In the third paragraph, if the mother is an only child, the victim shall bear one third, which shall be calculated according to one third of the per capita consumption expenditure of the previous year. For the disabled, the degree of loss of working ability can be considered on the basis of the above calculation method, so as to avoid the result that the amount of living expenses for the first-level disability compensation is the same as that for the tenth-level disability.
Regarding the sixth question above, according to the principle of tort compensation, the loss of the dependent is the maintenance fee that the victim should pay after receiving the labor income. If the victim is an urban resident, due to his higher income, he should pay more alimony accordingly. If the victim is a rural resident with low income, the amount of support paid is correspondingly small. Therefore, the calculation of alimony should be based on the victim's living conditions or the nature of household registration, and it should be determined whether it is calculated according to the rural standards or the urban standards. Another view is that the calculation standard should be determined according to the situation of the dependents, and the compensation amount is actually determined according to the needs, which has no theoretical basis and is unreasonable. If the victim is a rural resident and his dependents are urban residents, if calculated according to the standards of urban residents' dependents, the per capita consumption expenditure of urban residents in Henan Province in 2007 was 7826.72 yuan, while the per capita income of rural residents was only 385 1.6 yuan, so it is unacceptable that the calculated alimony is far greater than the victim's income. If a farmer's son works in the city and gives more support to his parents, their parents will live better than their neighbors. How reasonable and enviable it is! If my son has an accident unfortunately, isn't it unreasonable to calculate the maintenance fee according to my son's status as an urban resident?
Regarding the seventh question above, the judicial interpretation of China's marriage law stipulates that parents should support their children who are still in high school until graduation. If the victim's children are attending high school, regardless of whether their children are over 18 years old, according to the provisions of this judicial interpretation, the maintenance fee shall be calculated until their graduation from high school. If the victim's children are studying in university, although they have the ability to work, they still need the victim's support because they can't support themselves with their own labor income during their study. Unless the children have their own independent property, their actual situation is no different from losing their ability to work and having no other source of income. Therefore, it is in line with the spirit of judicial interpretation of personal injury compensation for the children actually raised by the victim who are studying in college until they graduate from college.
6. Regarding the eighth question above, if the victim's parents are in good health, they should gradually increase with their parents' age until they are fully needed. The author suggests setting up such a model, that is, taking the retirement age of female employees as the calculation point, the age between 50 and 60 is calculated as 20 years, and the age under 50 is calculated as 1 year. Over 60 years of age according to the provisions of judicial interpretation. This calculation is in line with the fact that citizens' demand for support is increasing gradually before they get old, which is easily accepted by people. Although at the age of 30 to 40, the calculation of alimony is less, but the victim's parents can choose to have children or adopt children to solve the problem of future support. Therefore, it is suggested that the Supreme Court make a judicial interpretation to solve this problem. Before the Supreme Court makes an explanation, parents can't calculate the amount of alimony according to the above method before they are 50 years old. The parents of the victims not only have to endure the pain of losing their children, but also worry that they will not be able to support them in the future, which deepens the degree of mental pain. Therefore, it can be solved by increasing the amount of compensation for mental damage. After calculating the data according to the above method, it can be added to the amount of compensation for mental damage to solve the problem that it is difficult to calculate the maintenance of middle-aged parents and children from injury to death and disability, which not only meets the actual needs of society and people's psychological expectations, but also does not violate the provisions of the General Principles of Civil Law.
Hope to adopt!