The General Regulation of Child Support Fee
According to the judicial interpretation, the children's support costs shall include living expenses, education, and medical expenses. In the case of divorce, when determining the amount of child support, 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 affordability of both parents.
3. The Consumer Price Index of the place where the children are living.
According to a judicial interpretation, after the divorce, the child support fee can be paid on the following criteria:
1. For those with fixed income, the fee for custody can generally be paid at a rate of 20% to 30% of the total monthly income. If there are more than two children, the proportion may be raised appropriately, but generally not exceeding 50% of the total monthly income.
2. If there is no fixed income, the amount of support fee can be determined by reference to the above ratio based on the total income of the year or the average income of the party’s occupation of the same industry.
3. If any special circumstance arises, the support can be adjusted appropriately to higher or lower than the above ratio.
The support fee can be paid as a lump sum if it’s affordable for the party, otherwise, the party can pay on a monthly or regular basis. If both parties agree, the support fee can be paid by only one party unless it’s obvious that the party is not capable of supporting the children. Even such agreement of waiving was agreed, a lawsuit for requiring support fee can be initiated if the circumstance is changed and it’s necessary.
The support fee shall be paid until the children are 18 years old. If a child is between 16 and 18 and this child can support himself or herself, the parents may then cease paying the support fee.
In the situation where the support fee is not enough for the children’s needs or if the children are sick or due to an increase in studying expenses, the children can request for an increase of child support fee.
