1. What is the standard of alimony in divorce?
The standard of alimony in divorce:
1, the amount of child care fees can be determined according to the actual needs of children, the affordability of both parents and the actual living standards in the local area.
2. 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.
3 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.
Second, how is alimony paid?
Alimony is generally paid monthly, and the amount paid is about 30% of the monthly income of the dependents. Generally speaking, the maintenance fee is determined by both parties through consultation according to the economic ability of the dependents and the local consumption level. If negotiation fails, the court will make a judgment. Maintenance mainly includes children's living expenses, education expenses, medical expenses and other expenses.
3. What are the conditions for reducing alimony?
Maintenance refers to the educational expenses and living expenses paid to minor children when parents fail to perform their maintenance obligations. There are certain standards for alimony. If the payer suffers from long-term treatment of diseases, or is unable to work, has a fixed income and is in financial difficulties, he may ask for relief.
The amount of children's health care expenses, consider the following three aspects:
1, the actual needs of children;
2. The bearing capacity of both parents;
3. The local actual living standard.
legal ground
People's Republic of China (PRC) Civil Code
Article 1084 The relationship between parents and children shall not be destroyed by 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.
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.
Article 1085 If a child is directly raised by one party after divorce, the other party shall bear part or all of the alimony. 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.