Lawyer Yi Jingting | 26 judicial views on the dispute over the support for children

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Source: Ding Peipei Wu Zhenyu Gu Jianbing: "Love Warm Division Family" Code "Raising cost -the case of the minor support fee for the divorced family of the Division Family in the Nantong Intermediate People's Court of Jiangsu",Breaking news "People's Court News" on April 29, 2023Version

02. The party that pays for the support after divorce, if the burden is severely reduced due to changes in work, physical health and other reasons, and this situation continues to the lawsuit, can it be required to reduce the standard for maintenance?

Regardless of whether the parent is negotiated in unanimous agreed or confirmed by the court's decision, the amount of children's support fee is not adjusted in principle.However, if the affordable ability of the father or mother is indeed a serious decrease in objective reasons such as changes in work, physical health and other objective reasons, they can comprehensively consider factors such as the original raising fee standards, the need for children's actual life, and the burden of the other party.The transition period of the parents who support the fees for a certain period of time will only be appropriately reduced during the transition period.

03. The amount of support agreed by the parents at the time of divorce is low. Can one of the children directly support the child who will have the burden of remarriage and the family burden, and claims to the other party to share the actual care fee or the proposition to increase the raising fee?

Remieving recycling after divorce and changes in family burdens may generally be determined that the parents should be fully considered or should be fully considered an important factor in negotiation to confirm the support for minor children.When parents divorce the low amount of support for the maintenance fee or exempt by paying for the support for the maintenance fee, it should be understood that the support fees that the two parties should not directly support the children should be shared.The principle of honesty and trustworthiness is fulfilled.Although the children have the right to "propose a reasonable requirement that the parent will exceed the agreement or the original amount of the original decision" in accordance with the law, it is not in accordance with the request of the "necessary" by the recreation of the child's party to recover and recreate it.There is sufficient evidence to prove that the child's life has changed significantly, or the parents who directly support their children have changed their economic capabilities. If the support fee is not increased, it will make it difficult for children to maintain normal life.

04. If the grandparents of the grandchildren and grandson, the grandparents, and grandparents who claim to visit their grandchildren, grandson children, the people's court shall support it.

my country's marriage law will specify the main body of visual rights as the father or mother who does not directly raise the children after divorce, but in the case of the death of the father or mother of the minor child, according to Article 28 of the Marriage Law (now the 10,000th Civil Code, the 10,000th Civil Code Article 74) stipulates that children who have died or lose their ability to die or have the grandparents of their grandchildren, grandchildren and children, or grandparents who have advocated regular visits to grandson or grandson, and the people's court should support it.

Basis: "Eighth National Civil Commercial Judgment Work Conference (Civil Part) Minutes"

05. The payment period for the support fee is "until eighteen years old", or "until the independent life"?

According to the "Supreme People's Court on the Application of the" People's Republic of China ", the explanation of marriage and family editors (1) Article 53:" The payment period for the maintenance fee is generally eighteen years old.At the age of eighteen, if its labor income is the source of life and can maintain the local ordinary living standards, parents can stop paying for the support. "Combined with the above provisions, the payment period of the support fee should be expressed as" until eighteen eighteen until eighteen eighteen"Turns out of age".

06. Is the recovery fee restricted by the time limit of litigation?

During the existence of the marriage relationship, the parents' support for their children from the birth of their children from the birth of their children until their children were adults.During this period, the right to be raised by parents is a sustainable right, and the time limit for litigation should not be applied.Both parents or parties do not fulfill their support obligations. Due to the sustainability of the support obligations, the right to ask for support for the supporting children is not limited by the time limit for litigation.... But in the specific judgment case, from the perspective of the specific situation of the case, from the perspective of the interests that are conducive to protecting the interests of minors or children who cannot live independently, a fair decision will be made without violation of the law.

Edge: "Judicial Interpretation of Marriage Law of the Supreme People's Court (3) Understanding and Application", compiled by the Supreme People's Court of the People's Court, and the 2011 edition of the People's Court Press.

07. Does the grandparents raising the children of the grandmother constitute no cause management?

The legal adoption obligations of minors have the ability to fulfill the obligations of support and be neglected to fulfill their support obligations. If the grandparents or other relatives have no agreement with the supporting obligations, they should be supportedThe establishment of non -reasoning relationship between the establishment of the house is established; the support for the grandparents or other relatives can be regarded as the necessary cost of non -due to management expenditure. Therefore, the people's court shall support it if they request the recupeter to repay the relevant expenses.

Case name: Luo Moumou complained to Zhang Moumou and Zhou Moumou to recover the dispute over the cushioning fee

Case number: (2019) Chongqing 01 People's No. 10387

08. Grandpa, grandparents who have no statutory or agreed support obligations for minors, grandchildren, and grandson children, in fact, raised their grandchildren and grandson children, and claimed to pay for the cushioning fees to the parents of minor children.The people's court supports it.However, the maintenance fee significantly exceeds the burden of the parents of minor children and has not been unanimously agreed with their parents.

[Reasons for referee] Regarding the retreat applicant, Peng Mou advocated the original trial judgment that Peng Mou had not obtained the consent of Li Mou and Zhang, and sent his daughter Zhang Moutong and his son Zhang Mouhan to a private school to study.Yuan's educational expenses do not support the problem of failed to support the facts of facts.First of all, according to the original review, Li Mou and Zhang, as the parents of Zhang Moutong and Zhang Mouhan, should have the legal support obligations in response to their children.As a grandmother, Peng Mou had no legal or agreed support obligations to Li and Zhang's children. Therefore, Peng Mou had the right to ask Li and Zhang to pay the support for his cushion.Secondly, Li and Zhang, as their parents, have the obligation to raise education for her daughter Zhang Moutong and her son Zhang Mouhan. The education of their children should also be borne by their parents, but the parents of their parents should bear their children's education expenses.Within the scope of abilities, educational expenses that exceed the scope of parents must be unanimous.In this case, although Peng Mou, as a grandmother, raised his granddaughter Zhang Moutong and grandson Zhang Mouhan from August 2015 to August 2019. His behavior is worthy of praise, but during this periodHan was sent to a private school to study. He did not show the corresponding evidence to prove that his mother Li's consent was obtained, and he had exceeded the economic tolerance of his parents Li and Zhang.The educational fee of 10,000 yuan is Peng, who is a grandmother, is not improper to the grandson and granddaughter.

Case name: Peng Mou and Li, Zhang Mou's marriage and family dispute case

Case number: (2021) Chuan Min Shen No. 144

09. The agreement to pay the maintenance fee in the divorce agreement does not prevent the children from advocating the increase in the raising fee when necessary.

[Rules rules] Based on the maximization of children's interests and the principle of protecting the legitimate rights and interests of minors in accordance with the law, although the divorce agreement stipulates that the child lives with one party, the other party will no longer bear any support for the maintenance fee, but the children can still be necessary when necessaryThe maintenance fee is required directly to pay for the support.

Case name: Zhou Mou's sustaining the dispute of the maintenance fee

Case number: (2016) Yu 01 Min 8169 No. 8169

10. One of the couple claims that the other party pays for the support of minor children during the separation period and can provide evidence to prove that the other party fails to fulfill the corresponding support obligations during the separation period, and the people's court shall support it.

[Reasons for referee] Regarding Guo Mou 1's mother Chen's mother Chen from June 2016 to May 2020, it should pay 2,000 yuan to support each month, with a total of 96,000 yuan appeal.During the trial of this case, his father, Guo Mou 2, recognized Guo's mother, Chen Mou, who moved out of the house in December 2018 and officially separated from him. Chen also recognized the fact.Based on the actual separation time of the first instance, the court of first instance combined Chen Mou did not provide evidence to confirm that he had fulfilled the corresponding support obligations to Guo Mou 1 after the separation, and considers Guo Mou 2 to raise Guo Mou 1 alone after the separation.For all expenses such as medical care, it is determined that Chen should pay the support fee from December 2018 to May 2020, and it is not improper.

Case name: Guo Mou 1 and Chen's support for the dispute case

Case number: (2021) Liaoning 01 People's No. 971

11. One of the parents refused to fulfill the obligation of the court's effective judgment and determined to give the children to the other party to directly raise it to form the fact that their actual support for their children will sue in the name of their children.Should it be supported?

In the case of divorce in the lawsuit, the parents refused to perform the court's effective judgment and the children were actually raised directly by the party. They could determine that the party had voluntarily assumed the support obligations of support.Even after the consideration of the interests of minor children, after negotiating with the other party or judgment by the people's court, the actual support relationship is changed. The actual support for the child will sue to the other party in the name of the child to pay the payment fee during the actual support period.support.

12. After the divorce of the husband and wife agreement, if the actual supporter of the minor child is inconsistent with the divorce agreement, can the child advocate the payment fee to the actual supporter agreed in the agreement?

In the case of the divorce of the agreement, if the actual supporter is inconsistent with the divorce agreement, the child can claim to pay the support fee to the parents who have not performed directly in accordance with the actual support costs.

13. Non -married children are raised by their biological mothers, and their biological father should pay the support fee from the date of birth.Regarding the actual needs of the people's courts, the actual living standards of the local area, and the comprehensive determination of the supporting fee standards of the supporting fee of the parents' burdens, the parties claim that the calculation method of the maintenance fee is wrong, and the children's actual needs are not considered, but they cannot be proved and will not be supported.

[Reasons for referee] Non -married children enjoy the same rights as children of marriage.In this case, after being identified, Xiang Mou was the father of Wei Mou 1, and now Wei Mou 1 was raised by his mother, and Xiang Mou should pay the support fee from the day when Wei Mou 1 was born.Regarding the standard of the support fee, the courts of the two trials comprehensively considering Wei's actual needs, the actual living level of the local area, combined with the burden of Wei Mou 1's mother and Xiang Mou, etc., the amount determined was appropriate.According to the law, the judgment of children's living expenses and educational expenses does not hinder the child's reasonable requirements to make the original amount of the original decision to any of the parents when necessary.In order to ensure the legitimate rights and interests of minors, Wei Mou 1 can claim the reasonable support for the judgment part according to actual needs.Wei Mou 1's legal agent believes that the calculation method of the support fee is wrong, and the claims of the children's actual needs are not considered, and the basis is insufficient.Wei Mou 1's legal agent on Xiang Mou's "income certificate" is the claim of falsifying evidence. It lacks the factual basis and does not accept it.

Case name: Wei Mou 1 and Xiangmou's support fee dispute case

Case number: (2020) Jingminshen No. 4408

14. After the parents divorce, the non -directly supporting the child did not pay the support fee on time. When the child requests that they will pay the support fee, can they claim overdue interest?

The current law does not clearly specify the current law on the interest of overdue payment.However, the payment obligations of the support fee are human attributes. They are based on the law's legal support obligations of their children instead of the agreement between parents. They are not ordinary money debt.In particular, there is only the agreed time for the supporting fee to pay for the maintenance fee and the consequences of the delay in paying the interest.

15. Parents who are 18 years old and have labor capabilities who have been eighteen years old and have the ability to labor and have no legal support obligations.

Adult children who cannot live independently refer to adult children who still receive education in high school and below, or lose or lose their ability to maintain normal life due to subjective reasons.His college students who are 18 years old have normal physical and intelligence, and they have the ability to work completely. They do not meet the standards of "children who cannot live independently". Parents no longer bear the legal support obligations.The people's court did not support it.

Case name: Xiao Liu sued Mr. Liu for raising fee dispute cases

Source: "People's Court News" June 8, 2016, 3rd edition

16. Parents who directly raise their children to marry others and have children. Can the other party ask for changes?

The fact that the parents who directly raise their children are not a legal situation that needs to change the relationship between raising.After the remarriage of the parents who have no evidence to prove the child who directly raise their children, the "Supreme People's Court on the Application of the" Code of the People's Republic of China "of the Marriage and Family Editors (1)" stipulated in Article 56 "The reason to support the non -direct child's party requested the request for changing the raising relationship.

17. After the divorce of the parents, the cost of unable to go to school due to illness due to illness is necessary.

[Reason for referee] Gan 1 Series Gan Mou 2 and Wu Mouyi.In 2015, Gan 2 and Wu Mouyi were divorced by the court. Gan Mou 1 was raised by Wu Mouyi. Gan Mou 2 paid Ganmou 1 support fee of 1,100 yuan per month since May 2015.In this case, the one -to -one supplementary cost of Gan Mou 1 is in a critical period of high school learning. It is a reasonable expenditure to make up for the improvement of grades.The original judgment believes that this cost is not a reasonable expenditure that will inevitably occur, and it should be corrected.The cost is jointly borne by their parents, and the two sides have 50%of their own burdens.

Case name: Gan Mou 1 and Gan Mou 2 raising fee dispute case

Case number: (2020) Gan 03 Min No. 9 No. 9

18. The husband and wife did not pay for the support for minor children in full when the divorce between the two parties. If there is a need to change the payment standard, how to determine the payment amount and time of the support fee?

The agreed amount reached when the husband and wife divorce the amount reached, which actually includes the true intentions of the two parties on the standards of support and how to share. In the case of no coercion or fraud, it should generally be determined that both parties have legal binding power to both parties.Before the two parties have changed or the people's court confirms the new support fee payment standards and methods of sharing in accordance with the law, the party with the obligation to pay for the support fee shall always fully fulfill its obligations in accordance with the aforementioned agreement.In a lawsuit that children ask their parents to pay for the support fee, if the specific cases do have to change the payment standard and the method of sharing the maintenance fee, the referee can be referee for the starting point of the new standard and sharing method of the month, and the original couple's intentional standards are calculated and arrears.Raising fees; in a lawsuit in the lawsuit of the parents who have the obligation to pay for the supporting fee, in the lawsuit that requires the change of the support fee standard, if the specific case does change the standard of the supporting fee payment standard and the method of sharing, the plaintiff sued the month as the new standard and sharing the month of the month as the new standard and sharingThe starting point of the method is still calculated based on the standard of the original couple's intention.

19. Preschool education and training is not the category of compulsory education. Related training fees are not necessary for minor children.The husband and wife divorce agreement has no agreement on how the educational expenses other than the necessary living expenses of the minor children are shared. The directly supporting party has not obtained the other party's consent on the payment of the relevant expenses, and the other party has fulfilled the support obligations within its economic ability.Direct supporters require the other party to pay litigation requests such as educational expenses such as educational expenses other than adult children's need for living expenses and will not be supported.

[Reason for referee] According to the facts that have been found, Chen Mou 2. When Dai was mediation and divorced by the court, he reached an consensus on the amount of support for the marriage daughter Chen Mou 1.Obligation.Chen Mou 1 advocated preschool education and training is not the category of compulsory education, and does not belong to Chen Mou 1's necessary living expenses.For educational expenses other than necessary living expenses, Chen Mou 2. Dai did not agree to share in the divorce mediation agreement. In the first instance, Chen Mou 2 confirmed that he had not negotiated with Dai in advance and obtained his consent.After 2, a certain consent of Dai Mou.In the case of Chen Mou 2. Dai Mou's unsuccessful negotiation of the additional education costs, given that Dai Mou has submitted evidence that his monthly income is about 2,500 yuan.The court comprehensive Dai's income status and the amount of support for the support, and determined that Dai Mou had fulfilled the support obligations within his economic ability.EssenceChen Mou 2. Dai is not controversial for Chen's actual expenditure of 7306.15 yuan. The medical expenditure is a necessary and reasonable cost outside the maintenance fee. Considering Dai's actual economic situation, the second trial judgment Dai bears 2497.16Yuan medical expenses have become fair and reasonable.The reasons for Chen Mou 1's application for retrial cannot be established and will not be supported.

Case name: Chen Mou 1 and Dai Mou's support fee dispute case

Case number: (2020) Min Min Shen Shen No. 815

20. When the husband and wife divorce, the living place and visiting method of minor children are agreed, but one party who directly supports the children after the divorce did not submit the children to the relatives to support it by the other party.Can the other party ask for changing the support relationship?

Parents' support for underage children includes both material economy support and life care, as well as spiritual guidance and emotional companionship.After the divorce of both husband and wife, whether to comply with the agreement on the place of life and the way of visiting the child's life and the way of visiting should be included in the consideration of whether it is fulfilled.One party changes the place of life of minor children without authorization, and objectively increases the difficulty of visiting the children of the other party. If one party or relatives who support their children still have other cases of obstructing visits, not only will the minor children and non -direct parents who are directly raised.One side is in a long -term separation state, and it also allows minor children to face the instability of the living and education environment after the changes in life brought by their parents' divorce. This situation should be determined that it has a significant impact on the healthy growth of minor children.At this time, follow the principle of maximizing the interests of minor children, and from the perspective of favorable the physical and mental health of the children, and protecting the legitimate rights and interests of the children, it is advisable to support the comprehensive parent support conditions and the true wishes of the children.Essence

21. The cost of children participating in hobby classes does not belong to the educational expenditure necessary for the growth of minors. It needs to be matched with the children's interests and family revenue and expenditure conditions.Parents' economic conditions, burdens and local actual living standards.

[Reasons for referee] After divorce Xu Moumou and Lu Moumou asked Lu Moumou to bear the support costs of Lu Mou 1, including living expenses, food fees, costs for kindergartens, costs of hobbies, and rental costs.… Education mainly refers to the necessary education costs in the growth process of children, which is to ensure the reasonable cost of educational rights for minors.The cost of hobby classes does not belong to the educational expenditure necessary for the growth of minors. It is a personalized expenditure expenditure. It needs to match the children's interests and family revenue and expenditure conditions.Therefore, the court's comprehensive consideration of Xu Moumou submitted evidence to prove that Lu Moumou had an average monthly income of about 4,800 yuan in 2015, and Lu Moumou said that his salary income from 2009 to 2013 was 5,000 yuan per month, and Lu Mou 1's actual actual situation of Mou 1Need, Lu Moumou's burden and the actual living standard of the city should be determined that Lu Moumou's burden from October 2009 to August 2013 Lu Moumou's 1 support fee was 5,1700 yuan, which was not improper.

Case name: Xu Moumou and Lu Moumou's raising fee dispute case

Case number: (2022) Jingminshen 195 number No. 195

22. For the determination of children's support fees, we must ensure that they are compatible with the actual living level of their children and the actual living standards of the local area. The maintenance fee cannot be reduced because of the work change of the maintenance fee.

[Reason for referee] After the divorce of the husband and wife, one party raises the children, and the other should bear one or one or all of the necessary living expenses and educational expenses.For the determination of children's maintenance fees, the actual life needs of children, the burden of parents, and the actual living level of the local area should be considered.In this case, Ma applied for a retrial request to reduce the amount of support for its burden to 500 yuan per month.In this regard, when the court of the original trial determined that Ma Mou should bear the amount of support for the child, because Ma said in the first instance that its monthly income was about 20,000 yuan, considering Ma Moumou (that is, Ma Mou and Zhang's children )’sThe actual situation, the comprehensive maintenance fee should not be obviously improperly determined on the basis of matching the continuous and stable income of one party.With his work change, Ma lacked a legal basis for reducing the amount of maintenance costs through retrial requirements and did not support it.

Case name: Ma Mou and Zhang's divorce dispute case

Case number: (2022) Jingmin Shen Shen No. 4115

23. After the divorce of the husband and wife, one party who directly supports the child without the other party will give the minor children alone with the relationship between the relationship between the relationship with the unknown relationship.

After the husband and wife divorced, one party who directly raised the child without the other party's consent, and raised the relationship between the minor and daughter -in -law with the relationship with no relatives.The party has not fully fulfilled the obligation to support and is not conducive to the healthy growth of minor children.On the other side of the parents, the support of the supporting relationship should be supported.

24. During the duration of the marriage relationship, the living expenses paid by the husband and wife paid to the minor children belong to the family living expenditure. The payment party requested that the other party returned and did not support it.

[Reasons for referee] The referendum applicant Xu Mou applied for a retrial due to the divorce dispute with the respondent Dong.Dong should return.Regarding Xu's claim to return 35,000 yuan, due to the transfer behavior of the existence of the marriage relationship between the two parties, Dong submitted a screenshot of WeChat to prove that Xu's 35,000 yuan to him is to the children (that is, Xu Mou and Dongmou's childrenXu Moumou) In the previous living expenses, the two sides had no agreement to divorce. Xu failed to provide evidence to prove that the money was his personal property. Therefore, the court's request for the lawsuit did not support the first or second instance court.Regarding the issue of Xu's claim that the amount of raising costs is too high, parents have the right and obligations of raising and educating their children. No matter who the children are raised after the divorce, they should fulfill their support for their children.Life education is reasonable, the level of local life prices, and refer to Xu's income status to set the amount of support for the monthly payable to 1,800 yuan.

Case name: Xu and Dong's divorce dispute case

Case number: (2020) Liao Min Shen No. 5071

25. (1) If the parents have clearly agreed on the payment standards and payment methods of their children's support for their children's support, the agreed ones are binding on both parties.(2) For educational and training expenditures with large disputes, if the supporter's unclear or unknown between the supporter, the training that has been participated when the parents have participated in the divorce should be considered to ensure the coherence of the education of minors.; For training beyond the existing scope, the actual supporting party should fulfill the necessary informing obligations, and fail to negotiate the consistent non -necessary expenditure.The scope of division.(3) The determination of the actual burden ability shall make a overall judgment from the aspects of the income level and the status of the property.If the voluntary person is in a state of unemployment, it shall be judged in conjunction with the cause of unemployment, personal revenue, and the income level of the industry, rather than mechanically using the current income as a standard for determining the support fee.

Case name: Li Moujia sued Li Mou's maintenance fee dispute case

Case number: (2020) Shanghai 01 Min 8640 No. 8640

Source: "Case of 2022 Chinese Courts-Marriage and Family and Inheritance Disputes"

26. Under the existing legal conditions, children born to surrogacy should determine that the surrogate person is a legal biological mother based on the principle of "childbirth as the mother".Children are non -married children.According to the legislative purpose and legislative intent of the clause of the marriage law on the clause of "the relationship between the relationship between the parent and child of the support relationship", the scope of their children can be explained as a non -marriage child after marriage before the marriage of the husband and wife, so as to have the parents and children to treat each other.The fact that the subjective willingness and the facts of raising education are for the formation elements. Therefore, the mother who has a legal marriage relationship with her children and daughter -in -law can be based on the fact that they have raised their husband's non -marriage children.Children born in surrogacy form a step -parent and child relationship with raising relationships.

[Reasons for referee] In this case, the parent -child relationship of two children born in this case. The legal mother should be identified as a surrogate according to the facts of birth.There is no legal marriage relationship between them, so the children born are non -marriage children.

The adoption law stipulates that the adoption must be established with the registration party of the civil affairs department. The factual adoption relationship confirmed by the replenishment office is limited to the adoption before the implementation of the adoption law;The parental power is transferred from the surrogate mother to the raising mother, which will produce the adverse effects that the surrogacy is given by default.

According to the law, non -marriage children have the same rights as children of marriage and children. Therefore, their children and children who plan to make blood relatives should also be included in non -marriage children.Article 27, paragraph 2 of the Marriage Law (now Article 2072 of the Civil Code) is a measure of whether the relationship between the relationship between the parents and children who is properly used as a child who is in order to developStandards, according to the above provisions, the formation should have two conditions at the same time: First, the non -living parent has the subjective willingness to treat the minor children of the spouse as their children, and the two sides treat each other as parents and children;The spouse's minor children have the fact that the education is educated.After the marriage is concluded, the non -marriage child of one party, such as as a non -biological parent, has the above subjective willingness and facts, and can also form a step -parent and child relationship with a raising relationship.In this case, Chen has the fact that the fact that Chen has raised his husband, Luo Mouzhi, and his children, and has completely regarded the two children as their children.Obligation relationship shall apply the relevant provisions of the relationship between parents and children.

It should be judged that the guardianship of children born in surrogacy should adhere to the principle of children's maximum interests. In this case, whether it is from the age and guardianship ability of both sides, from the child's needs for living environment and emotion, and the impact of family structure integrity on children, etc.In terms of consideration, judging the right to guarding Chen is more conducive to the healthy growth of children.

Case name: Luo Rongmou and Xie Moumou sue Chen Moumou's monitoring dispute Case

Case number: (2015) Shanghai No. 1 High School Shao Minzi No. 56

Law link

"People's Republic of China"

Article 1085 After divorce, the child is directly raised by one party, and the other party shall bear part of the part or all support fees.The amount of the burden and the length of the period shall be agreed by the two parties; if the agreement fails, it shall be judged by the people's court.

The agreement or judgment stipulated in the preceding paragraph does not hinder the child's reasonable requirements to make a reasonable requirement to any of the parents when necessary.

"The Supreme People's Court on the Application of the People's Republic of China" Code of the People's Republic of China "

Article 41 Adult children who still receive education in high school and below in the school, or have lost or have not fully lost their labor ability, and cannot maintain a normal life.The prescribed "adult children who cannot live independently."

Article 49 The amount of the support fee may be determined according to the actual needs of the children, the burden of parents, and the actual living level of the local area.

If there is a fixed income, the maintenance fee can generally be paid at a percentage of 20 % to 30 % of the total monthly income.If the support for the support of two or more children can be appropriately increased, but generally not more than 50 % of the total monthly income.

If there is no fixed income, the amount of the support fee can be determined based on the total income of the year or the average income of the same industry.

In special circumstances, the above ratio can be appropriately increased or reduced.

Article 56 If one of the following circumstances, if the parent's request for changing the child's support relationship, the people's court shall support:

(1) The party that lives with the children due to severe diseases or the unable to continue raising the children due to disability;

(2) The party that lives with the children does not have the obligation to support or has the behavior of abuse, or it does not affect the physical and mental health of the children with the children;

(3) Children who are eight years old are willing to live with the other side, and the party has the ability to raise;

(4) There are other legitimate reasons to be changed.

Article 58: If one of the following circumstances, if the child requires a affordable father or mother to increase the support, the people's court shall support:

(1) The original amount of childbirth is not enough to maintain the actual living level of the local area;

(2) Children are sick and school, and the actual needs have exceeded the original amount;

(3) There are other legitimate reasons to increase.

"Eighth National Civil Commercial Trial Conference (Civil Part) Minutes of the Eighth National Court of Court"

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