Both parties to the divorce have the obligation to raise and educate their minor children. If alimony is not paid according to the provisions of the agreement or the judgment of the court, the court shall enforce it. The content of the judgment of suing parents for alimony is probably to sue to the court for judgment if parents fail to fulfill their alimony obligations. Let's look at the legal provisions on alimony. First, college students often have different judgments when suing for alimony. Some time ago, citizen Han Xiao consulted the judge of Xinyu City Court. After her parents divorced, she lived with her mother and her father paid alimony every month. However, during Han Xiao University, her father refused to pay alimony on the grounds that her daughter was an adult. Han Xiao asked, can I ask my parents to pay alimony after I go to college? Xie, a court in Xinyu City, replied that adult children who go to college can ask their parents to pay alimony. The Marriage Law stipulates that when parents fail to perform their maintenance obligations, minors or children who cannot live independently have the right to ask their parents to pay alimony. For college students who have reached the age of 18 and are still studying at school, they can't live independently without jobs and financial resources. According to "Several Specific Opinions of the Supreme People's Court on Children's Support in People's Courts Handling Divorce Cases", parents who have the ability to pay still have to bear the necessary support. Earlier, a court in wanan county tried a case in which an adult college student sued his divorced parents for alimony. Xiao Chen, a college student, sued that it was difficult for him to maintain his mother's income alone because of the huge study and living expenses during his college years. When his father refused to pay the alimony, Xiao Chen filed a lawsuit with the court, demanding that his father fulfill his obligations according to the divorce agreement and pay half of the alimony 17500 yuan during his stay in Xiao Chen University. However, the wanan county court held that Xiao Chen, as an adult, sought support from his father during his college years and was not protected by law. Xiao Chen is in college, healthy, and has reached 18 years old when he went to college. His parents have no legal obligation to continue to provide him with alimony, and make a first-instance judgment to dismiss the lawsuit according to law. Media access to similar cases found that most of the judgments of adult college students suing divorced parents for alimony were rejected, but many of them supported college students' claims. Second, the legal person appeals that the support for college students should be guaranteed. "Why are there two completely different judgment results? This has a lot to do with the application of the law. " Luo Jiubao, a lawyer in Nanchang, told the media that Article 20 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Marriage Law stipulates that "children who cannot live independently" as stipulated in Article 21 of the Marriage Law refers to adult children who are still receiving education below senior high school, or children who cannot maintain a normal life due to non-subjective reasons such as loss or incomplete loss of working ability. In other words, adult college students are not "children who cannot live independently". However, the Supreme People's Court's "Specific Opinions on Handling Child Support in the Trial of Divorce Cases" stipulates that adult children who have not yet lived independently should still bear the necessary child support expenses under any of the following circumstances: those who are still studying at school; Without the ability and conditions to live independently. "The above opinions conflict with the interpretation and involve the application of the law." Lawyer Luo Jiubao said that many legal people have put forward opinions on different versions of the judgment, which should be unified, and suggested that the law should guarantee the maintenance of college students. Earlier, An Huajing, a judge from Inner Mongolia, investigated and analyzed the problem of college students' support. "Now that university education has become popular, the cost of higher education continues to rise. So, where do college students' tuition fees come from? Except for a few entrepreneurial college students who can pay their own expenses, for most college students, it is very harsh, unrealistic and does not conform to China's national conditions to ask them to find a job that can not only maintain their basic living, but also cope with high tuition and study fees, under the circumstances of increasingly expensive tuition fees, rising consumer spending and severe employment situation. "An Huajing believes that the top priority is to directly and clearly incorporate the right of college students receiving higher education to receive support payments into the law. 3. When should alimony be paid? In fact, there are many divorced couples now, but not many couples know when to give child support. Lawyer Du Qin of Beijing Yingke (Shenzhen) Law Firm believes that according to the meaning of children's adulthood, the principle period is generally 18 years old. Parents can also stop paying child care fees if their children are over 16 years old but under 18 years old, and their labor income is their main source of livelihood and can maintain the local general living standard. That is,/kloc-under 0/6 years old, parents must pay alimony,/kloc-over 0/6 years old but/kloc-under 0/8 years old, and/kloc-over 0/8 years old will not be paid. However, there are also special periods, that is to say, in some special circumstances, although the children are adults, parents who are financially capable still have to pay alimony, and the period of suspension depends on the specific circumstances, such as: losing or not completely losing their ability to work, but their income is not enough to support their lives; Still studying at school; No living ability and conditions. " When my parents divorced, they made a whim and said that alimony didn't cost my mother a penny. Now, my father's business has closed down and life is difficult to maintain. At that time, when I was young, I couldn't get a word out of alimony. Now can I ask my mother for alimony in my own name? "In August this year, Nanchang lawyer Xiao Wenjun received a telephone consultation, and high school student Xiao Li hoped to get the help of a lawyer." Minors or children who cannot live independently have the right to ask their parents to pay alimony when their parents fail to perform their alimony obligations. Although the father of Xiao Li, a senior three student, agreed that he should bear all alimony at the time of divorce, this agreement could not exempt him from his legal obligations as a mother. Therefore, the mother has the obligation to raise and educate Xiao Li and must pay a certain amount of maintenance every month. "Lawyer Xiao Wenjun said. 4. So, how much should alimony be paid? Is there a standard calculation formula? "The amount of child support, consider the following three aspects: the actual needs of children; Tolerance of both parents; The actual living standard of the local area. "Du Qin, a marriage lawyer, believes that after divorce, if the father or mother who does not live with their children has a fixed income, the amount of childcare expenses can generally be calculated according to 20% to 30% of their total monthly income. The burden of raising more than two children can be appropriately increased, but generally it does not exceed 50% of the monthly income. In addition, the media also learned that in recent years, there has been an upward trend in cases in which children sue divorced parents for raising the standard of maintenance. Kang Bin, a judge in Nanchang, believes that the judgment or agreement on children's living expenses and education expenses does not prevent children from making reasonable demands on either parent when necessary, exceeding the original amount of the agreement or judgment. In other words, children's living expenses can be changed. With the rising prices, there are more and more lawsuits to the court for raising alimony. How to make judicial decisions adapt to the dynamic price level is a problem that the majority of legal workers should study in time. If this problem is not solved, such cases will continue to appear, which will increase the litigation cost invisibly. Xue Yuhai, a lawyer in Nanchang, suggested that the alimony awarded by the court should be increased year by year to meet the demand of consumption growth. From the above, divorced parents should pay child support and education fees in accordance with the agreement and court decisions. Going to college as an adult has no source of income and income. If my parents can afford the expenses, they are also obliged to bear the alimony. With the price rising, you can appeal for an increase in alimony, and the court will support it.