Does Ningbo alimony include children's study expenses

Mr. Wang pays maintenance monthly, but the cost of children's extracurricular tutoring classes and interest classes is getting higher and higher. His ex-wife thinks that the maintenance fee should include these study expenses, while Mr. Wang thinks that the maintenance fee is only for basic living. Direct conclusion: alimony includes children's living expenses, education expenses, medical expenses and other necessary expenses, but the "education expenses" are generally limited to basic education expenses-tuition fees, book fees and other necessary expenses; Extra-curricular counseling, interest classes, school selection fees, tuition fees, etc. beyond the scope of basic education do not belong to the category of natural inclusion, and need to be shared by both parties through negotiation or after the claiming party proves its reasonable necessity.

1. Legal Basis: Scope and Amount Rules for Child Support The scope of

alimony, first look at the Supreme People's Court's interpretation of the application of the Marriage and Family Code of the the People's Republic of China Civil Code Article 42 of the (I): the "alimony" mentioned in Article 1067 of the Civil Code includes children's living expenses, education expenses, medical expenses and other expenses. The "waiting expenses" here are listed and covered. Life, education, and medical care are the three main pillars, but not all children-related expenses automatically fall into it.

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 locality according to Article 49 of the (I) of Interpretation. If there is a fixed income, the maintenance fee can generally be paid according to the proportion of 20% to 30 of the total monthly income; if the child support fee is borne for more than two children, the proportion can be appropriately increased, but generally it shall not exceed 50% of the total monthly income; if there is no fixed income, it shall be determined with reference to the above proportion according to the total income of the current year or the average income of the same industry; if there are special circumstances, the above proportion may be appropriate increase or decrease.

To understand these two articles, the key is to grasp three dimensions: first, the "education fee" is tacitly pointed to the tuition, miscellaneous fees, book fees and the necessary expenses for normal school study at the stage of compulsory education at the legislative and judicial levels, which is based on the "basic needs of public education"; second, the amount of alimony has integrated the local living standard and the affordability of both parties, it is not "food and clothing" that is separately counted as education and medical care. Third, personalized and selective expenditures (after-school tutoring, art and sports interest classes, tuition fees for private international schools, etc.) that exceed the benchmark are "incremental needs" outside the agreement or judgment, and the rules are dealt with through negotiation or another path.

2. education fee boundary: the boundary between basic education and individualized education

In judicial practice, the treatment of education expenses may be categorized as follows:

1. Basic education fee-included in maintenance: Public school tuition fees, book fees, school uniform fees, and necessary expenses for compulsory education belong to the coverage of maintenance fees, so there is no need to claim separately.
2. After-school tutoring and interest classes-generally need to be negotiated or proved necessary: The fees for interest classes such as cram school, musical instrument, dance and art, etc. are not generally necessary because of the huge differences in items and prices, so they are generally not recognized as the natural part of the basic maintenance fee. The court often does not give full support if the direct dependant unilaterally enlists the class without the consent of the other party and asks the other party to share it. However, if it can be proved that the expenditure is necessary for the growth of the child, the amount is reasonable (e. g. necessary counseling due to academic backwardness, training courses recommended by doctors) and the other party's financial ability allows, a part of the contribution may be ordered as appropriate.
3. Large educational expenses such as school choice fees, international schools, etc.-subject to prior consultation or court determination: The inter-district school selection fee and the tuition fee of private high-fee schools are often tens of thousands. If one party decides without authorization, the other party will not naturally share it; the court will examine whether the choice is reasonable, whether the consent is obtained, and the affordability of both parties, and determine the share ratio.
4. Educational expenses for adult children—generally no longer supported.: After their children reach the age of 18, their parents generally no longer have the legal obligation to pay alimony, except those who are still receiving Senior high school or below academic education in school, or who are unable to maintain a normal life due to non-subjective reasons such as loss or partial loss of working ability (Article 41 of the Interpretation (I)); the university expenses belong to the scope of moral and family negotiation, except those whose parents are clearly willing to subsidize.

The internal standards of Zhejiang Province are consistent with the above rules: Answers to Several Questions about the Trial of Marriage and Family Cases (Gao Fa Min 1 [2016] No. 2) of the People's Court of Zhejiang High Court makes it clear that the divorce lawsuit is a compound lawsuit, and the disputes such as alimony and visitation can be handled together in the same lawsuit; for the education expenditure beyond the scope of basic support, the proponent party must prove the necessity and rationality.

3. practical operation: the path from agreement to adjustment

1. Divorce agreement is detailed: in the divorce agreement or mediation document, it is clear: the monthly amount of alimony, whether it includes education and medical expenses, how to share the expenses of after-school counseling and interest classes (such as "the expenses agreed by both parties shall be borne by half"), so as to avoid the dispute of "including or not including" from the source.
2. Retention voucher: before the direct support party reports the class and pays the fee, communicate with the other party first and keep the chat record; keep the tuition invoice, payment record, course contract, achievement certificate and so on as the evidence of claiming sharing or explaining afterwards.
3. Negotiation fails to re-litigate: if it is impossible to negotiate the sharing of extra-curricular expenses, it can be sued separately, focusing on the necessity (academic needs, doctor's or school's advice) and rationality (the price is equivalent to the local level) of the expenditure of proof.
4. Apply for adjusting the maintenance when necessary: The second paragraph of Article 1085 of the Civil Code stipulates that the agreement or judgment does not prevent the child from making a reasonable request to either of the parents for more than the original amount when necessary. In the case of a significant increase in medical expenditure on the education of children and a change in the affordability of the direct dependant, the child may be sued for an increase or decrease in maintenance.

4. Common misconceptions

1. Myth 1: Child support covers all education expenses.. The education fee in the alimony is limited to basic education, and the personalized expenses such as extracurricular tutoring and interest classes are generally not within the scope of the course.
2. Myth 2: Once you enroll in an after-school class, the other party is obligated to pay.. Unnecessary expenses decided by the other party may be refused to share.
3. Misunderstanding 3: The cost of children attending private schools and international schools must be shared by the other party. High‑fee educational options must be agreed upon in advance or determined by the court to be reasonable; they cannot be imposed retroactively.
4. Misconception 4: Once the child reaches adulthood and attends university, the other parent is still required to pay child support.. The legal obligation is limited to the age of eighteen, and university fees are generally negotiated, with a lack of legal basis for mandatory requirements.
5. Misconception 5: Once the amount of child support is set, it can never be changed.. If the actual needs of the children or the affordability of the parents change significantly, the adjustment may be requested in accordance with the second paragraph of Article 1085 of the Civil Code.

5. Judicial considerations and litigation pathways for fee disputes

After the dispute of extra-curricular education expenses enters the lawsuit, the focus of the court's review can be summarized as "four views", according to which the parties can organize attack and defense:

1. Take a look at the necessity: whether the expenditure is based on the real needs of children's growth -- the tutoring that is indeed backward in academic studies, the rehabilitation training that doctors suggest, and the research activities that schools organize in a unified way are highly necessary; the necessity of keeping up with each other and reporting ahead of time is low.
2. Second, look at the rationality: whether the cost matches the local living standard and family income, whether the unit price of class hours is obviously abnormally high; the average market price of similar courses is an important reference.
3. Third, it depends on whether to obtain consent: whether to negotiate with the other party before reporting to the shift and whether the other party has informed consent; the court often does not support the full sharing of the high expenditure decided without authorization, but will deal with it according to the actual benefits to the children.
4. Fourth, the affordability: when the income level of both parties is very different, the court may share it proportionally or the party with good economic conditions may bear more; if one party has a meager income but requires the other party to bear huge expenses, it is difficult to get support.

On the litigation path: those who claim to share the extra-curricular expenses should file a lawsuit for alimony dispute in the name of the children or the direct dependant, and file a lawsuit with the grass-roots court of the defendant's domicile; those who request to increase the original amount of alimony should focus on the proof of the increase of the children's actual needs (tuition increase, medical expenses, price level) and the income change of the other party. If new large expenditures are still incurred after the court's decision, a reasonable increase may be claimed again in accordance with the second paragraph of Article 1085 of the Civil Code, without the absolute restriction of "no longer justified"-the right to claim maintenance continues to occur with the needs of the child, which is different from the res judicata rule of general claims.

6. FAQ

Does the child's supplementary tuition fee count as alimony?

At the legal level, the education fee included in the maintenance fee is based on the basic education expenditure; the extra-curricular supplementary tuition fee is a personalized expenditure beyond the basic scope. In principle, it needs to be shared by the court at the discretion of both parties or after proving its necessity and rationality in the case, and cannot be directly recognized as included in the monthly maintenance fee.

The other party unilaterally enrolled our child in a course costing several tens of thousands of yuan. Am I entitled to refuse to share the expenses?

Can. Large, non-essential educational expenditures without consensus are disposed of by one party without authorization and the other party does not share the obligation of course.

If you want to increase alimony, under what circumstances will the court support it?

If the child's education and medical expenses increase substantially, or the original amount is obviously lower than the actual needs of the child and the local living standard, the court may sue for an increase; the court makes a comprehensive judgment based on the actual needs of the child, the affordability of both parties and the local living standard.

It is written in the divorce agreement that "the maintenance fee already includes all the education fee". Can we ask for it again?

This Agreement shall be binding upon the Parties. If the extra-curricular expenses are part of the agreement that is explicitly excluded or has been discounted into the maintenance fee, it can no longer be claimed; if it is a large necessary expenditure that cannot be foreseen at the time of the signing of the agreement, it may be adjusted according to the change of circumstances, but the requirement of proof is higher.

After the maintenance fee is agreed to be paid in one lump sum, can it be increased again?

Can. The second paragraph of Article 1085 of the Civil Code stipulates that agreements or judgments do not prevent children from making reasonable demands that exceed the original amount when necessary. One-time payment is only a way of performance and does not eliminate the right of claim arising from the increase of children's actual needs. However, the court will judge the necessity of combining the original agreed amount, payment time and new expenditure, and the proof requirement is higher.

How to prove the true income of the other party with high income but claiming "no money"

can apply for an investigation order of the court to retrieve its bank salary flow, personal income tax payment records, social security and provident fund payment base, or apply for the court to investigate to its work unit; for those who refuse to declare or conceal their income, the court can deduce the income level by combining the evidence and make an adverse determination when determining the maintenance fee at its discretion.

When a child is admitted to a university, can the tuition be shared by the other party?

After reaching the age of 18, the legal obligation to support is generally terminated, and the university tuition does not fall within the scope of the legal obligation; except for the voluntary financial assistance of parents to adult children who are still in school. It can be resolved through negotiation, and if the negotiation fails, the court generally does not compel the payment, but the child can still claim if the child is unable to live independently for objective reasons (e. g. disability, incapacity to work).

Who bears the litigation costs in a child support dispute?

The fees for accepting cases of alimony disputes are charged according to the lower standard, which is generally borne by the losing party; the parties with financial difficulties can apply for deferment, reduction or exemption of litigation fees according to law, which does not affect the normal prosecution. If the cost of extra-curricular education is claimed to be shared in the lawsuit, the cost claim must be supported by a voucher, and the portion supported by the court is borne by the other party.

Is it lawful for the other party to refuse to pay child support on the grounds that “the child is not close to me”?

Illegal. The obligation to pay alimony is based on the actual needs of the parent-child relationship and the child, and is not exempted because of the emotional alienation of the woman or the obstruction of visitation; the problem of parent-child relationship should be repaired through visitation arrangements and communication, and those who refuse to pay alimony may apply for enforcement, and the court may freeze and deduct their income and take disciplinary measures for breach of trust.

Neither parent has a high income—so who should cover the costs of the child’s extracurricular classes?

The cost sharing is limited to the affordability of both parties: the party whose income is not high and cannot afford the high extra-curricular expenses will not be forced to share; it is suggested to share or choose affordable courses according to the proportion of income, and negotiate and adjust the total amount of maintenance fee when necessary, and give priority to the limited resources to guarantee the basic living, compulsory education and necessary medical expenses.

The mediation agreement does not specify the allocation of extracurricular expenses—can this still be claimed later?

Can. The large amount of necessary education expenditure not covered in the mediation agreement and newly incurred after the divorce is a new fact not foreseen at the time of the agreement or judgment, and may be shared through separate negotiation or prosecution. The court will review the necessary rationality of the expenditure and whether it was taken into account at that time. If it is a new situation, it will not be rejected because it is "no longer reasonable", but the claiming party still has to bear the full burden of proof.

Does the cost of research and practice organized by the school count as the basic education cost?

The expenses for study, practice and activities organized by the school in a unified way, which are part of the teaching plan or curriculum arrangement, are usually identified as necessary education expenses, which can be covered by the maintenance fee or shared by both parties; the extra-curricular expansion organized by parents spontaneously and not necessary for teaching needs to be negotiated, and the judgment standard is whether the expenses belong to the necessary arrangement in the school education system. Relevant notices and charging documents are important evidences.

Practical Experience of 7. Lawyers

When discussing child support, the most common source of dispute is whether “education expenses should be included in the child support amount.” Legally, child support typically covers daily living expenses, basic education, and essential medical care—essentially the routine expenditures necessary to ensure a child’s normal development.However, whether the personalized expenses that obviously exceed the scope of basic education, such as school selection fees, extra-curricular tutoring, special interest classes, and study abroad, are shared by both parties depends on the prior agreement and the necessity and rationality of the expenditure. It cannot be taken for granted that the other party must bear the full amount.

So the agreement should be detailed, not just a total. It is recommended to specify the monthly amount, time and method of payment, and when in the divorce agreement or litigation request, and separately agree on how to share large education and medical expenses and whether prior consultation is required. With a clear agreement, there is evidence to follow afterwards; if there is no agreement, we can only return to the case judgment of "whether it is necessary and reasonable". The cost is high and the result is uncertain, so it is naturally passive to talk about it. In addition, the payment method should also be clearly written whether to transfer or cash, to whom, to avoid future disputes over "whether to give or not.

When you need to adjust, you should also rely on evidence to speak. If the actual needs of the child increase, the price rises, or the income of one party changes significantly, you can request an increase in maintenance; conversely, if the payer's income drops significantly, is sick or has other burdens, you can also request an appropriate reduction. The party advocating adjustment should prepare tuition bills, training contracts, medical documents, income certificates and other materials to make clear "why and how much has changed. If the one-time agreement has been completed, the threshold for change will be higher, and the interests should be weighed clearly before the change.

The answer depends on the nature of the "learning expenses": the basic education expenditure in the compulsory education stage is within the maintenance fee, while the personalized expenditure such as extracurricular tutoring, interest classes and school selection is outside. The best time to resolve the dispute is when the divorce agreement is signed-write clearly the scope of expenses, the proportion of sharing and the adjustment mechanism; After the event, it depends on the three steps of "negotiation first, keeping vouchers and prosecution when necessary. Both parties should rationally share the expenditures that are beneficial to the growth of the child, but neither party can impose unilateral decisions on the other party.