What is the situation in Ningbo? Can you not pay child support?

Child support is not an obligation that must be paid forever. In certain circumstances, the law does not support the continuation of payments, or it permits their cessation. First of all, let's give a conclusion: in principle, alimony is paid to the children at the age of 18, but the children can live independently when they are adults, the children over the age of 16 take their own labor income as the main source of livelihood, and the direct dependents voluntarily assume all the responsibilities without harming the interests of the children, etc., will turn "coping" into "can be stopped. However, adult children who are still in school with Senior high school or below academic education, and cannot live independently, parents are still required to pay the necessary maintenance. Clarifying the boundaries is better than blindly confronting or arbitrarily refusing to pay.

1. The statutory framework for child support: dissection of provisions and requirements

Article 1067 of the Civil Code of the People's Republic of China stipulates that if parents fail to fulfill their duty to support, minor children or adult children who are unable to support themselves have the right to request their parents to pay maintenance. Article 1085 stipulates that if a child is directly raised by one party after divorce, the other party shall bear part or all of the alimony, and the amount of the cost and the length of the period shall be agreed upon by both parties; if the agreement fails, the people's court shall make a judgment; the agreement or judgment shall not prevent the child from making a reasonable request to either parent for more than the original amount when necessary.

The detailed regulations of "time limit" and "amount" are in 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: Article 49 It is clear that the amount of alimony is determined according to the actual needs of children, the affordability of parents and the actual living standard of the locality, and those with fixed income are generally paid 20% to 30 percent of the total monthly income, the 50% income of two or more children can be appropriately increased but not more than the monthly total income. If there is no fixed income, it shall be determined with reference to the total income of the current year or the average income of the same industry. Under special circumstances, the payment period of alimony can be appropriately increased or decreased; Article 53 stipulates that the payment period of alimony is generally until the child is 18 years old. Parents can stop paying if they are over 16 years old but under 18 years old and take their labor income as the main source of living and can maintain the local living standard; article 41 defines "adult children who cannot live independently" as adult children who are still in school and receive education for Senior high school or below, or who have lost or not completely lost the ability to work and are unable to maintain a normal life for non-subjective reasons.

2. Detailed breakdown of typical situations where payments can be suspended.

First, the child has reached the age of eighteen and is capable of supporting themselves. A person who has reached the age of eighteen is considered an adult. If the adult is able to maintain a standard local living level through their own labor income, the parents’ statutory obligation to provide support terminates. Here, “independent living” refers to actual self-sufficiency: students who are still in school, have no fixed income, and rely on financial support from their parents do not qualify.

Secondly, a child who is sixteen years of age or older but under eighteen years of age and whose primary source of livelihood is derived from his or her own labor, and who is able to maintain the local average standard of living. Such “quasi-adults” are legally regarded as having the capacity to live independently, and parents may cease to provide support (Interpretation I, Article 53). It should be noted that the income must constitute the “primary source of livelihood” and be sufficient to “maintain the local average standard of living”; earning a small amount of pocket money from odd jobs is not enough to trigger this circumstance.

Third, the parent with primary custody voluntarily and in writing agrees to bear all child support expenses, provided that such agreement does not prejudice the interests of the child. When parents enter into an agreement whereby one parent assumes full responsibility and the other is relieved of further financial obligations, courts generally respect such arrangements. However, this exemption is effective only between the parents and does not bind the child; under necessary circumstances, the child may still, in their own name, claim necessary expenses from the parent who is not directly providing care.

Fourth, where the custody arrangement changes and the original payor becomes the direct custodial parent. The obligation to make payments terminates upon the transfer of custody. At that time, the custody arrangement should be promptly modified through an agreement or litigation, and the relevant enforcement documents should be updated to prevent continued deductions under the original judgment during the enforcement phase.

3. Be sure to understand the two exceptions where "payment must still be made."

First, adult children who are still enrolled in Senior high school or lower-level education. The legal requirement of being "in school" is limited to senior high school and below: Adult children attending senior high school, even if they have reached the age of eighteen, are still considered "adult children who cannot live independently," and the parents' obligation to provide support continues until they graduate. Second, adult children who have lost or not fully regained their capacity for work and are therefore unable to maintain a normal standard of living through no fault of their own—such as those who are unable to work due to disability or serious illness—remain entitled to receive necessary support from their parents.

What needs to be specially reminded is the cost of the university stage: after entering the university, the law will no longer force parents to pay maintenance, and in practice, both parties will negotiate; those who are willing to subsidize can be separately agreed in the divorce agreement, once written into the agreement, it will be binding and can be claimed according to the agreement in the future; if the agreement is unknown, adult college students sue to ask their parents to pay tuition and living expenses, the court generally not support according to pay, more consideration will be given to the affordability of parents and the work-study situation of their children.

4. Common misconceptions and correct answers

Misconception 1: “Child support must be paid until the child graduates from university.” Correct answer: The statutory benefit period generally ends at age eighteen or upon high school graduation; university expenses are not covered under the statutory mandatory provisions and are usually determined through negotiation and agreement.

Misconception No. 2: “Using non-payment of child support as leverage to demand visitation rights,” or “I’m not paying because the other parent won’t let me see the child.” Correct answer: The obligation to pay child support and the right of access are two distinct rights and obligations. Refusal to pay child support does not preclude the other party’s right to visitation; on the contrary, it may result in an application for compulsory enforcement and inclusion on a list of discredited persons. The proper course of action when access is obstructed is to bring a separate lawsuit to assert the right of access and apply for compulsory enforcement.

Myth 3: “If the divorce agreement stipulates that child support is waived, it’s a one-time, permanent arrangement.” Correct answer: An agreement between parents to waive parental obligations is effective only between the parties themselves; a child’s right to claim child support remains independent, and the child may still bring suit to assert such rights when necessary. Moreover, if the agreement harms the child’s interests, it may be deemed invalid.

Misconception 4: “Once the amount of child support is set, it can never be changed.” Positive solution: the second paragraph of article 1085 of the civil code allows children to make reasonable demands exceeding the original amount when necessary. if the maintenance fee is low and the children need to increase (e.g. the expenditure on education and medical treatment increases), they can sue for an increase. On the other hand, if the payer's income drops sharply due to illness, unemployment, etc., he can also request a discretionary reduction, but the burden of proof is heavier.

Myth 5: “Even after the child has reached adulthood, parents still mechanically continue to send money every month.” Correct answer: Once the child reaches adulthood and lives independently, the obligation to provide support terminates. Any continued payments constitute a voluntary gift. If you no longer wish to make such payments, you should communicate this to the other party and keep a record of the explanation to avoid long-term transfers being mistakenly interpreted as an ongoing obligation.

5. Operational steps and risks when planning to suspend payments

1. First, verify whether the grounds are valid: whether the child has reached the age of eighteen and is living independently, or whether any exceptional circumstances apply, such as being a high school student or being unable to live independently;
2. Where negotiation is possible, first attempt to negotiate and reach a written amendment agreement (regarding child support or the custody arrangement); where necessary, seek court confirmation.
3. If no agreement can be reached, the party seeking the modification shall file a lawsuit concerning child support or a change in the custody arrangement, and shall provide evidence to substantiate the factual basis for the cessation or reduction of payments.
4. Do not unilaterally suspend payments before the matter has been resolved—any period of unilateral suspension may be deemed as arrears, and upon judgment, enforcement will be carried out with default interest accruing from the date of default.
5. In the event of a change in the custody arrangement, promptly submit the relevant supporting documentation to the executing court and apply for the suspension of enforcement of the original judgment.

Illustrative Example (Example, Fictional): After Ding and Zhang divorced, they agreed that Ding would pay child support in the amount of RMB 1,500 per month. After the child turned eighteen, graduated from senior high school, and began working full-time with a monthly income exceeding the local minimum wage standard, Zhang claimed that the child was already living independently and stopped receiving payments, filing a lawsuit to confirm the termination of the obligation. The court ruled that the child support obligation ceased from the month the child started working and did not support Ding’s request for continued payments. Another example: The child has turned eighteen but is still in Senior high school and has no independent income. The court ordered the parents to continue paying necessary child support until the child graduates from high school, while clarifying that payments are no longer mandatory during the university years.

6. Key points for negotiating the amount and method of child support payments.

Even if the situation does not fall under the category of “suspension of payment,” the agreement on the amount and method remains highly significant. In terms of amount, 20%-30% of the total monthly income with fixed income is only a "general" reference. If the children have special education and medical needs or one party has outstanding affordability, they can negotiate and write into the agreement at more than 30%. If there is no fixed income, it will be referred to after the total income of the year or the average income of the same industry is converted into monthly average. In terms of payment methods, monthly regular payment is the norm. One-time payment must be based on the ability of the payer to pay in full. In practice, it is mostly used in scenarios where both parties wish to "end it once" and the amount is controllable. After one-time payment, it will generally not be added according to the original standard (except for special large expenditures); For those who use the house fee or property fee, transfer or delivery shall be made and the deduction period shall be made. Attention should also be paid to the two "cannot be tied": first, it cannot be tied to the right of visit-"I will pay only if you let me visit" and "I will not let you see if you don't pay" are illegal, and the two obligations should be performed independently. Second, it should not be confused with the division of property-using "I give up the share of the house" to offset alimony should be clearly written separately, and generally "with real estate offset alimony" in the future.

7. How can "adult children who cannot live independently" be proven?

Adult children who claim to continue to obtain alimony must prove that they belong to the exception of "unable to live independently". There are three directions of proof: first, proof of school attendance-proof of Senior high school status and payment bill, which prove that they are still receiving Senior high school or below academic education; second, physical and labor capacity status-disability certificate, labor capacity appraisal conclusion, serious illness diagnosis and continuous treatment record, proof that it is impossible to work for life due to non-subjective reasons such as illness and disability; third, the source of income-no income or income far below the general local living standard. Conversely, the party claiming to stop payment should prove that the child is an adult and has completed Senior high school studies, has the ability to work and has the conditions of employment, is out of school and is sick. There is a common misunderstanding to clarify: adult children "temporarily unable to find a job" does not mean "unable to live independently"-the law protects the situation of objectively being unable to work or studying in school, and subjectively unwilling to work and picky about employment. It is difficult to constitute a reason for continuing to pay; and adult children who have lost the ability to work even if their parents have divorced for many years, the obligation to pay is not automatically terminated by the "child's age", and the court will determine the necessary maintenance in the light of its actual difficulty.

8. Continuation of child support after a change in the custody arrangement

The obligation to pay child support is tied to the custodial relationship; once the direct custodian changes, the payment arrangement must be restructured. A typical scenario is as follows: when the original custodial parent is unable to continue caring for the child due to illness, relocation, or other reasons, custody is transferred to the other parent. At that point, the original paying parent (who has now become the custodial parent) is no longer obligated to pay child support, and the roles are reversed—the new non-custodial parent (the former custodial parent) is required to pay child support in accordance with the applicable standards. There are three cohesive actions: first, obtain the basis for change in a timely manner-sign a written agreement for the change of agreement, and obtain an effective judgment or mediation agreement for the change of litigation, instead of staying in oral agreement; Second, to deal with the implementation of convergence-if the original alimony judgment is still being implemented, apply to the enforcement court to terminate the execution of the original judgment based on the change basis to prevent continued deduction; Third, expense settlement-the maintenance fee that has been overpaid according to the original judgment before the change can be deducted from the newly generated maintenance fee settlement, or it can be returned through negotiation and written into the change agreement. Furthermore, it is important to note a common misconception: a change in custody does not constitute the sole occasion for “renegotiating” child support. If only the amount of child support needs to be increased or decreased due to changes in income or needs, without altering the custody arrangement, this constitutes a separate child‑support dispute that can be pursued through a separate lawsuit; there is no need to first litigate over custody.

9. Frequently Asked Questions

Until what age should child support be paid?

Generally, support continues until the child reaches the age of 18; however, this does not apply to children who are still enrolled in Senior high school or lower levels of education, or to adult children who are unable to support themselves, and payment will continue until they graduate or become capable of independent living.

Do university fees have to be paid?

The law is not mandatory. University expenses shall be determined by mutual agreement between the parties and enforced in accordance with the terms set forth in the divorce agreement or court judgment; statutory child support obligations do not automatically cover the university period.

If the other party says they’ll cover everything, do I still have to pay?

If the parent with primary custody voluntarily assumes such obligations without prejudice to the child’s interests, the parents may agree to waive the other parent’s obligation; however, such agreement shall not bind the child, who may still, when necessary, claim reasonable expenses from the non-custodial parent.

The child can live independently when he is an adult. Do you still need to make up for the alimony owed before?

It depends on when the outstanding payment occurred. Child support obligations that matured but remained unpaid before the age of eighteen constitute accrued debts and must still be paid in full; after the age of eighteen, such obligations terminate, and no further arrears shall accrue.

What should I do if my income has dropped and I can’t afford it?

You may negotiate with the other party and enter into a modification agreement, or file a lawsuit with the court to request a reduction in child support, submitting evidence such as proof of unemployment and income statements; you may not unilaterally cease making payments, as doing so could expose you to the risk of compulsory enforcement.

10. Practical Legal Insights

Child support is not something you are obligated to pay for life, but it certainly cannot be stopped on a whim. In principle, child support is payable until the child reaches the age of eighteen. However, if, after that age, the child is capable of supporting themselves, is sixteen or older and primarily relies on their own earnings for a living, or if the custodial parent voluntarily assumes full financial responsibility without adversely affecting the child’s interests, the obligation to pay may be suspended. First, clarify these boundaries—this is far better than simply stubbornly resisting or blindly refusing to pay, because the risk of unilaterally suspending payments is often greater than that of overpaying for a period of time.

On the other hand, there are also several situations that must continue to be undertaken: if the children have grown up but are still in school to receive Senior high school education or below, or cannot live independently due to the loss of working ability and other reasons, the parents should still bear the necessary expenses. Therefore, when advocating the suspension of payment, it is necessary to provide evidence around the fact that the children have been able to live independently, such as their working conditions, source of income, and whether they are still receiving the corresponding education; if there is no evidence, it is difficult to establish the suspension of payment. The direction of proof should be consistent with the desired effect, not only by subjective judgment, let alone stop and then say.

it is true that alimony should be adjusted, and the correct way is to change it through negotiation or according to law, rather than to stop paying it unilaterally. You can first communicate with the other party on the amount and time limit, and form a written agreement or request the court to confirm it. If the negotiation fails, it will request a change through litigation. Unauthorized suspension of payment may not only be investigated for arrears, but also reduce their image on related issues such as custody and visitation. Only by preparing the reasons, evidence and procedures, and then taking action, can we not only protect our own rights and interests, but also leave no handle for the other party to attack.

The stop boundary of alimony can be summarized in one sentence: the legal payment is generally limited to the age of 18, the adult children who are Senior high school and below in school and cannot live independently continue to be guaranteed, the university fee depends on the agreement, and the parents' internal exemption agreement cannot oppose the children. The party who wants to stop paying should first confirm the reason, negotiate or sue first, and do not break the confession without authorization. The party who wants to continue should focus on the evidence of "studying in school" and "no independent living ability. Putting the necessary needs of the child and his own affordability into the agreement, stating the amount, deadline and adjustment mechanism, is the arrangement that is responsible to both parties.