(1) has a fixed income. According to the proportion of 20-30% of the total monthly income, for first-tier cities such as Beijing, Shanghai, Guangzhou and Shenzhen, the specific amount is in principle 800-2,000 yuan/month. 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.
(2) No fixed income. Maintenance should be paid regularly according to the total income of the year or the average income of the same industry, with reference to the proportion of 20% to 30% of the total monthly income of the party who does not directly raise the children as the standard. Generally, it is paid monthly, quarterly or annually; It can also be paid in one lump sum, limited to raising children to 18 years old, and the total amount of support required for raising children to 18 years old is calculated and paid in one lump sum.
(3) for high income. If the ratio is higher than the above range, the above range can be broken. If there are no special circumstances, generally not more than 3000 yuan/month.
(4) For low-income people. If the above ratio is lower than the above range and there are more other properties, the judgment can be made according to the above range instead of the above ratio to safeguard the legitimate rights and interests of children; If there is little or no property, combined with the support ability of the dependents, it can be judged that it is lower than the above range without the above ratio, so as to ensure the minimum living standard of the children.
(5) For those who have no income. You can use your property to offset the child support. Those who have the ability to work shall, in principle, pay child support. Because raising children is the obligation of parents, you can't exempt them from their obligations just because you have no income for the time being. You should ensure the minimum living standard of your children.
(6) For special circumstances such as children suffering from serious illness and studying abroad (subject to mutual consent), the judgment can go beyond the above scope.
legal ground
Article 1085 of the Civil Code of People's Republic of China (PRC)
After divorce, if the children are directly raised by one party, the other party shall bear part or all of the support. 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. The agreement or judgment stipulated in the preceding paragraph shall not prevent the children from making reasonable demands to either parent over the original agreement or judgment when necessary.
"the Supreme People's Court on the application of
The "alimony" mentioned in Article 1067 of the Civil Code includes children's living expenses, education expenses and medical expenses.
Article 49, paragraphs 1 and 2
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.