How to Collect Evidence of Maintenance Rights and Maintenance Fees for Divorce in Ningbo
In divorce litigation, child custody and child support are the primary points of contention. Many parties are unsure which evidence they need to prepare to demonstrate that they are better suited to raise the child, or how much child support the other party should pay. To summarize: When seeking custody, focus on the principle of “the best interests of the minor child” and gather evidence from three perspectives—your own ability to provide care, any adverse circumstances affecting the other parent, and the child’s current living situation. As for child support, you must provide proof of the other party’s income and documentation of the child’s actual expenses. The Interpretation of the Marriage and Family Chapter (II), which came into effect on February 1, 2025, also added a "negative list" including domestic violence, bad habits, and the abduction or concealment of children, and the direction of evidence has been updated accordingly.
1. Legal Basis: The Three-Part Rule and Two Proportions
Article 1084 of the Civil Code of the People's Republic of China stipulates: "After divorce, children under the age of two shall, as a general rule, be raised directly by the mother." Where the parents cannot reach an agreement on the issue of custody for a child who has already reached the age of two, the people’s court shall make a judgment based on the specific circumstances of both parties, in accordance with the principle of acting in the best interests of the minor child. If the child has reached the age of eight, their true wishes shall be respected. "Articles 44 to 46 of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Code of the the People's Republic of China Civil Code (hereinafter referred to as Interpretation 1) refine the priority situations: one party has undergone sterilization or lost fertility due to other reasons, the children have changed with their living time, the environment is obviously unfavorable, there are no other children, and the other party has other children, etc., may be given priority.
At the level of alimony, it is explained that Article 49 stipulates that the amount of alimony can be determined according to the actual needs of the children, the affordability of both parents and the actual living standard of the place; those with fixed income can generally be paid according to 20% to 30% of their total monthly income, and those with more than two children can be appropriately increased, but generally not more than 50% of their total monthly income; those with no fixed income, it can be determined by reference to the total income of the year or the average income of the same industry. Article 14 of the Marriage and Family Interpretation (II) to be implemented in 2025 adds a "negative list" of direct support: if one party has domestic violence, abuse and abandonment, gambling and drug abuse, bigamy and cohabitation with others, snatching and hiding minor children, etc., the court shall give priority to the direct support of the other party; Articles 16 and 17 also make it clear that if the divorce agreement stipulates that one party shall not bear alimony, thereafter, due to significant changes in economic conditions or significant increases in the child's necessary expenses, the child may still request payment, and the agreed "exemption" is not a permanent exemption.
2. Directions for evidence collection: advancing on three fronts.
First line: Evidence of the party’s ability to provide support.Proof of income (bank statements, tax records, employer’s certificate), proof of residence, medical certificate, academic credentials and documentation of educational qualifications, a statement detailing the elderly person’s care needs, and records of daily companionship (photos and logs of transportation, tutoring, and medical appointments). Objective: To demonstrate that “I can afford it, I can provide good care, and I have the time to care for it.”
Second line of evidence: Evidence of the opposing party’sUnfavorable circumstances.Police reports of domestic violence, injury assessment reports, and warning letters; administrative penalty decisions for gambling and drug use, as well as community correction records; evidence of bigamy or cohabitation with another person; records of prolonged business trips, refusal to fulfill child support obligations, and abduction or concealment of children. Objective: To prove that “it is detrimental for the child to live with the other party.” According to Article 14 of Interpretation II, these constitute statutory circumstances under which the court shall give priority to the other party, and they carry significant evidentiary weight.
Third line: Evidence of the child’s current living situation.Photos and videos of the child living with you on a long-term basis, records of school pick-ups and drop-offs as well as parent-teacher conferences, testimonies from teachers and neighbors, medical records and vaccination records, and receipts for extracurricular class payments. Legally, “a change in the child’s living environment that is clearly detrimental to the child’s healthy development” is a significant factor of consideration, and the child’s established routines and habits themselves constitute strong evidence.
Evidence and Calculation Caliber of 3. Maintenance
When claiming child support, the key is to substantiate both “the other party’s financial resources” and “the child’s needs”:1. Proof of the other party’s income: payroll, bank records, tax records, social security accumulation fund deposit base; if the other party's income is not fixed or can not be identified, you can apply to the court to obtain the flow, or claim according to the local industry average income, minimum wage standard;2. Child expense receipts: Receipts for tuition, medical expenses, extracurricular classes, and daily living expenses; major illness and special education expenses should be listed separately.3. Reference Base: Suggest 20%–30% of the other party’s monthly gross income; for families with two children, the total should generally not exceed 50% of the monthly gross income. The scope of child support includes necessary expenses such as living costs, education fees, and medical expenses; it may be required to be paid either on a monthly basis or as a lump sum. When opting for a lump-sum payment, one should consider the other party’s ability to fulfill the obligation and the risk of inflation; generally, monthly payments are more stable. In practice, Ningbo courts mostly use monthly fixed payments, and will adjust the payment method according to the income level and the actual situation of the payer.
4. Procedure Tool: Court Call and Family Investigator
If the other party’s income and assets cannot be ascertained by an individual, one may, during litigation, apply to the court to obtain their bank statements, social security records, and tax payment records, or apply for an investigation order to obtain such information. Some basic courts in Ningbo (such as Yuyao and Ninghai courts) have a family investigator system, which can apply to the court to entrust family investigators to visit and verify the upbringing environment and the actual living conditions of the other party. The investigation report issued by the court has important reference value for judges' discretion-according to the white paper on family trials in Ninghai court (reported by Ningbo net, China, June 3, 2023), the family investigators of the court have issued 466 investigation reports, and the investigation mechanism is widely used in custody cases. If the child has reached the age of eight, the court will ask his wishes separately. Parents should avoid repeated indoctrination in advance to keep the child's expression true and natural.
5. Common misconceptions and correct answers
Myth 1: High income automatically guarantees child custody.Correct answer: Economic circumstances are only one of several factors; the time spent with the child, the parent’s ability to provide education, and the emotional bond with the child are equally important, and the court makes a comprehensive assessment.
Misunderstanding 2: The maintenance fee can only be 20%-30% of the other party's salary.Correct answer: 20%–30% is a reference range rather than an upper limit; it may be appropriately increased for children with special needs (such as illness, disability, or high education expenses). For households supporting two or more children, the total monthly child support obligation generally should not exceed 50% of the household’s monthly gross income.
Misconception 3: Once a child turns eight, they will automatically go to live with whoever they choose.Correct answer: The court will conduct a separate interview with the child and respect their wishes; however, the final decision will be made based on a comprehensive assessment that also considers the custodial parent’s ability to provide care—so it is not solely up to the child.
Myth 4: It is more cost-effective to pay alimony in one lump sum.Correct answer: A lump-sum payment carries the risk of the other party backing out and of rising prices; monthly payments are more flexible, but it is necessary to assess the other party’s ability to pay and their credibility.
Misconception 5: If the other party is abusive or abducts the child, the court will believe it just because it’s said aloud.Correct answer: It must be supported by objective evidence such as alarm records, warning letters, injury assessment reports, and administrative penalty records; a one-sided statement alone is insufficient to be accepted as credible.
6. Materials List (Numbered Correspondence)
It is recommended to file under Category Six:1. Identity and Relationship Documents: Marriage certificate, birth medical certificate, household registration book;2. Own Capability Material: Proof of income, proof of property ownership, tax records, medical certificate;3. Adverse evidence of the opposing party: alarm records, warning letters, administrative punishment decision letters, hospital diagnosis certificates, dishonesty or drug abuse records;4. Living Status Materials: photo video, teacher's certificate, neighbor's testimony, medical and school records;5. Maintenance Basis: the other party's payslip, bank records, tax payment records, and various expenditure bills of the child;6. PROGNOSING MATERIALS: Property declaration form, family investigation application form, children's willingness inquiry application.
7. Procedure Timeline and Evidence Preservation Guidelines
The custody and alimony cases have a clear procedural timeline, and the fixed evidence should be promoted in coordination with the nodes: before filing the case, complete the preliminary collection of three types of evidence, submit the complaint and evidence list to the court, Ningbo can file the case through the people's court online service, and generally enter the pre-litigation mediation after filing the case; in the pre-litigation mediation stage, you can find out the other party's income and attitude through mediation, if the mediation plan is not agreed, the case will be transferred in time to avoid long-term delay. At the stage of proof and investigation, apply to the court for access to the other party's bank records and social security tax payment records within the time limit for proof, and apply to family investigators for visits (Ningbo Yuyao, Ninghai and other courts can apply); At the hearing stage, if the child has reached the age of eight, the judge will inquire separately, and the parents will not observe or exert pressure. After the judgment, the maintenance fee shall be kept on a monthly basis, and the other party shall apply for timely implementation if it is in arrears. Those who meet the conditions for change of situation (serious illness, further education and significant price increase) shall be prosecuted separately to adjust the maintenance fee.
Four points should be paid attention to in the standard of evidence fixation: first, the electronic evidence (WeChat chat, transfer records) should keep the original carrier, and carry the mobile phone to check in court during the court session, only the screenshot print is weak; second, the audio and video evidence should not be edited, and the recording time, place and participants should be indicated; third, the witness testimony is best to apply for the witness to appear in court, and the written testimony rate of low acceptance rate; fourth, key evidence (such as domestic violence alarm records, medical records) timely access to the original or stamped copies of the official seal, to prevent the loss of evidence. Completeness of the chain of evidence before the expiration of the period of proof is much more leisurely than making up after the hearing.
Q: Both children are in school, can the education fee be included in the maintenance fee? A: Yes. Maintenance expenses include living expenses, education expenses, medical expenses and other necessary expenses; the tuition fees and necessary extracurricular expenses of the child's school may be shared according to the actual expenses, but the high training fees that obviously exceed the reasonable range must be judged in the light of the other party's affordability. It is recommended to retain the payment bill, organize the evidence according to the two criteria of "necessary + actual", and list the large amount of education expenditure separately to avoid being diluted after being incorporated into the fixed maintenance fee.
Question: If the other party loses the league or refuses to appear in court, can the custody payment still be awarded?Answer: Yes. The court may hear the case in absentia in accordance with the law and make a judgment based on the facts that have been ascertained; if the income of the other party cannot be ascertained, the maintenance fee may be determined by reference to the average income or living standard of the local industry. If the other party still fails to perform after the judgment, it may apply for enforcement and be included in the list of dishonesty; maintenance payments owed during the period of loss may be recovered together after their appearance, and attention shall be paid to fixing the record of each claim in order to interrupt the statute of limitations.
Question: In the custody evidence, how can the WeChat chat record be submitted to be valid? Answer: Keep the original carrier (the original mobile phone), attach the description of the identity and time range of the chatting parties when submitting, and demonstrate and check in court; apply for notarization or time stamp authentication for the key content to prevent the other party from defending with "deletion and tampering. If only a screenshot is submitted, the court may assign it less evidentiary weight due to defects in the form of the evidence—Ningbo courts scrutinize such electronic evidence very closely; therefore, the original must be preserved until the conclusion of the case.
Q: Can the child support payments for two children add up to more than 50% of each other's monthly income? A: Generally no more. Interpretation 1 The caliber of Article 49 is "if you bear more than two children, the proportion may be appropriately increased, but generally it shall not exceed 50% of the total monthly income"; If the child has special necessary expenses such as major diseases and high medical education, and the other party's income is relatively high, the case may break through, but it must be supported by actual expenditure vouchers. The "special necessity" is clearly argued in favor of the excess, rather than simply adding it up in proportion.
8. Frequently Asked Questions
Q: What kind of custody evidence should be prepared to sue for divorce?
Answer: Prepare three categories around "the most beneficial to minor children": one's own support ability (income, residence, accompanying records), the other's unfavorable situation (domestic violence, bad habits, robbing and hiding children's evidence), and the children's living situation (who lives with them for a long time, and the records of going to school and seeking medical treatment).
Q: What standard does alimony claim according?
Answer: For those with fixed income, 20%-30% of the total monthly income of the other party is generally recommended; for those without fixed income, refer to the average income of the same industry or the local living standard; for children with special needs, they can rise appropriately.
Q: What if the other party's income is not clear?
Answer: In the lawsuit, you can apply to the court to get the bank records, social security and tax payment records of the other party, or apply for an investigation order; if the other party refuses to cooperate, the court can decide according to the local average level according to the nature of the work.
Q: Can the child support fee increase after divorce?
Answer: Yes. According to Article 16 of the Interpretation (II), if the economic status of the direct dependant changes or the necessary expenses for the child's life, education, medical care, etc. increase significantly, the child may request the other party to pay or increase the maintenance fee.
Q: What if the other party steals the child and hides it?
Answer: Call the police and keep records at the first time, and apply to the court for personal safety protection order or injunction against personality right (Article 12 of Interpretation II); The act of snatching and hiding is a negative factor in the distribution of custody, and the court will give priority to the direct custody of the other party.
9. Practical Insights from a Lawyer
to fight for custody, the court sees that it is most beneficial to minor children, and when it comes to the evidence, it is three lines to prepare together: to prove that you can afford, raise well, and have time to raise; to prove that the other party is not suitable for direct custody; to prove that the child's current living condition is stable and continuous. Many people only stare at each other's shortcomings, but forget to make materials for their companionship, care, living and education conditions on their side. As a result, as soon as they arrive in court, they become accusing each other and lose points. Therefore, even before filing the lawsuit, one should consciously and concurrently gather evidence related to all three lines of inquiry.
Around their own side, income flow, tax payment records, work certificates, certificates of real estate or stable residence, records of daily transportation and tutoring of children, and instructions for the elderly to assist in taking care of them are all useful; around the other side, the alarm records involving domestic violence, medical treatment and injury materials, warning books, handling records involving gambling and drug abuse, etc., the process of robbing and hiding children and alarm materials, the weight is heavier, and the sooner it is fixed, the better. Around children, photos and videos of long-term life with you, school pick-up and payment records, medical treatment and vaccination records, and instructions from teachers and neighbors can reflect the inertia of life. The true will of older children is also crucial.
To claim child support, you need to provide evidence of both: the other party’s income and the child’s actual needs. If the other party's income is not transparent, it can apply to the court to investigate its salary, tax payment and provident fund information in the lawsuit. The daily and large expenditure vouchers on the child's side should be sorted out. Procedurally, materials that cannot be transferred by oneself should be obtained by the court as soon as possible, and family investigation should be applied when necessary. The evidence is best made into a numbered list, one page at a time, indicating the source and time. Remember, records of companionship and care created by temporary assaults are hardly a substitute for long-term true parenting facts, as the judge can see.
The battle between custody and maintenance is seven points in evidence. It is suggested to organize three lines of evidence around "most beneficial to minor children" and put income, residence and companionship into written materials that can be proved. Alimony is claimed at 20%-30% of the other party's total monthly income, while retaining large expenditure vouchers such as tuition fees and medical expenses. If the child has reached the age of eight, the judge shall ask the wishes separately and the parents shall avoid repeated indoctrination. The monthly fixed transfer maintenance fee record shall be kept as a proof, which is a proof, it is also the basis for future adjustments to alimony. Procedural use of the mechanisms of court access, investigation orders and family investigators, combining the burden of proof with investigative tools.