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How to deal with the problem of child support in case of divorce?

  • Time:2020-07-03
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If a couple terminates their marriage by means of an agreed divorce or reaches a divorce agreement under the mediation of the people's court, they should reach an agreement on the issue of child support out of their free will. If they fail to reach an agreement on the issue of child support at the time of divorce, the people's court shall deliver a verdict thereon according to law. In accordance with the Marriage Law, a child in lactation period should be raised by the nursing mother in principle, and the custody of a child after lactation should be subject to the people's court's verdict, at its sole discretion, considering the rights and interests of the child and the specific conditions of the parents.

Any child remains the child of his/her parents after their divorce, whether the child is directly raised by the father or the mother, and both parents still have the right and obligation to raise and educate their child. If either parent is granted the custody of a child, the other parent shall pay part or the whole of the child's necessary living and educational costs. The parents shall reach an agreement regarding the amount and duration of such payment In case of failure to reach an agreement, the dispute shall be subject to verdict by the competent people's court. The agreement or the court's verdict on a child's living and educational costs shall not prevent the child from making a reasonable request, when necessary, to either parent for an amount exceeding what was decided upon in the said agreement or verdict.

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