Insights

How to calculate Ningbo alimony by 20% to 30% of monthly income

Ningbo Author：LuXu WANG

How much the child should pay for living expenses every month is one of the most frequently asked questions in Ningbo divorce consultation. Some people think that it is enough to talk about a number and write it into the agreement, while others worry that the other party's income is not transparent and it will be a loss. In fact, there is a relatively stable calculation caliber in judicial practice, which includes both proportional reference and upper and lower limits of amount. It should also be adjusted according to the local actual living standard and the specific needs of children.

What items are included in the 1. maintenance fee?

Article 1085 of the the People's Republic of China Civil Code stipulates that if, after divorce, a child is directly raised by one party, 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, and if the agreement fails, the people's court shall make a judgment. The (I) of Judicial Interpretation of the Marriage and Family Compilation of the Civil Code further clarifies that alimony includes children's living expenses, education expenses, medical expenses and other expenses.

1. Boundaries of the three categories of costs

living expenses refer to basic expenses such as daily food, clothing, housing and transportation; education expenses refer to tuition fees, books and necessary school counseling expenses; and medical expenses refer to reasonable expenses arising from the treatment of diseases. Common disputes arise in interest classes, school selection fees, overseas study tours and other items. Whether such expenses are included usually depends on whether they are necessary and equivalent to the family's original living standard.

2. Agreement on the apportionment of large expenditures

in order to reduce subsequent disputes, it is suggested that the large medical expenses and the education expenses beyond the normal should be listed separately in the agreement, and the proportional allocation should be agreed and the method of submission of credentials should be clarified. Agreements that only write a monthly payment without dealing with large expenses often lead to new disputes when children go to school or get sick.

2. the proportion of people with fixed income is calculated.

For the party with stable wage income, the judicial interpretation gives a clear proportional reference, which is also the most widely used calculation method in practice.

1. The basic range of 20% to 30%

where there is a fixed income, maintenance may generally be paid in proportion to 20% to 30% of his total monthly income. Total monthly income usually refers to the total pre-tax income of wages, bonuses, allowances, etc., rather than the disposable portion of the hand. When giving evidence, you can submit the salary flow, personal income tax payment record and the income certificate issued by the unit.

2. Maximum for more than two children

for those who bear more than two child support, the proportion may be appropriately increased, but generally it shall not exceed 50% of the total monthly income. The significance of this ceiling is to protect the basic livelihood of the payer itself and to avoid a situation where the amount of the judgment cannot be enforced.

Algorithms for 3. People with No Fixed Income and High Income

in reality, a large number of parties engaged in business, to undertake scattered work or income fluctuations, a simple application of the proportion is not feasible, need to change a set of ideas.

1. Reference method without fixed income.

If there is no fixed income, the amount of maintenance may be determined on the basis of the total income of the current year or the average income of the same industry, with reference to the above-mentioned proportion. In the absence of income evidence, the court often refers to the per capita consumption expenditure of local urban residents or the average social wage level, combined with the actual needs of children and the affordability of both parties. The judgment amount in Ningbo is mostly concentrated in the range of 1,0

00to 3,000 yuan per month.

2. Moderate restrictions for high-income earners

for a party with an abnormally high income, the court does not mechanically scale it. The function of alimony is to ensure the healthy growth of children, rather than allowing them to share their parents' wealth in advance, so it is usually reduced moderately to maintain their children's original standard of living, and they can be required to bear additional special expenses such as education and medical care.

4. the duration of benefits and the circumstances in which benefits can be discontinued

the issue of duration is often overlooked, but it is directly related to the total amount of payment and should be itemized when signing the agreement.

1. In principle, payment to the age of 18

maintenance is generally paid until the child reaches the age of eighteen. Parents who have reached the age of 16 but not 18, and whose main source of income is their own labor income, and can maintain the local general living standard, may stop paying.

2. Exceptions to be covered after adulthood

for adult children who are not yet adults or cannot live independently, the parents are still obliged to pay. Unable to live independently mainly refers to the loss or incomplete loss of the ability to work and other reasons can not maintain a normal life. It should be noted that children receiving Senior high school or above education at school does not of course equate to being unable to live independently.

Three types of legitimate reasons for 5. to request an increase in maintenance.

The amount determined by agreement or judgment is not static. The child may, if necessary, make a reasonable request to either parent for more than the original amount.

1. Three situations that can be supported

first, the original amount is not enough to maintain the local actual living standard; second, the actual needs of women have exceeded the original amount due to their illness and schooling; third, there are other legitimate reasons to increase. Rising prices, falling incomes for direct dependents, and children's entry into higher school levels are common reasons for support.

2. The subject of the prosecution and the focus of proof.

The lawsuit for increasing maintenance is brought by the minor child as the plaintiff and the direct supporter as the legal representative. The key point of proof is the proof of actual expenditure evidence and the other party's ability to pay, such as tuition receipts, medical bills, the other party's new income certificate or the registration information of new assets under the name.

How to Choose 6. One-Time vs. Monthly Benefits

the choice of payment method is essentially a trade-off between the convenience of execution and the risk of funds, which needs to be judged in the context of the other party's creditworthiness.

1. Advantages and pitfalls of monthly payments

monthly payments are closer to the actual needs of the child and are easily adjusted as circumstances change, but are more dependent on the recipient's ability to continue to perform. Once the other party goes out to work, changes jobs or deliberately delays, the direct supporter may fall into the situation of repeated demands.

2. Scenarios for lump-sum payments

if the payer has a tendency to transfer property, lives in the field for a long time, and has poor performance credit, he may strive for a one-time payment. Calculations are usually calculated by multiplying the monthly standard by the number of months of coverage remaining, with appropriate negotiation in conjunction with the time value of funds. After a one-time payment, unless there is a major change in circumstances, it is generally not appropriate to claim an increase.

7. case proof

in practice, one party for the enterprise employees, there is a stable salary flow, the two sides on the amount of alimony negotiations can not be brought to the court. The court obtained its personal income tax payment records and salary payment details, confirmed the monthly total income level, according to the monthly total income 20% to 30% range, combined with the children's school stage and the local actual living standard, determine the specific amount of monthly payment, and make it clear that the large medical expenses will be shared by both parties.

In practice, one party is engaged in self-employment and cannot provide proof of fixed income, while the other party claims to calculate maintenance based on its actual scale of operation. The court held that in the case of insufficient income evidence, the amount can be determined by reference to the average income level of the same industry and the per capita consumption expenditure of local urban residents, combined with the actual needs of the children and the affordability of both parties; at the same time, it is pointed out that if the actual needs of the children exceed the original amount due to further education or illness, they have the right to claim an increase separately. In similar cases, the amount of division or compensation is usually in the range of $100000 to $3 million, depending on the size of the property and the circumstances of the evidence.

8. Risk Alert

  • the agreement only writes the monthly payment amount, does not agree on the allocation of large expenses such as tuition fees and medical expenses, and is prone to secondary disputes.
  • The amount is determined by the income level of the other party's verbal commitment, and the salary flow and tax payment certificate are not fixed, which is difficult to verify at the implementation stage.
  • Agreed maintenance and visitation rights are linked to each other, such provisions are not supported, but may affect the normal conduct of visits.
  • After the one-time payment, the funds delivery certificate is not processed, and the other party denies that it has been paid in the future, so it is difficult for the direct supporter to prove the evidence.
  • Long-term failure to claim and allow the other party to default, may be due to the loss of evidence resulting in the amount of arrears difficult to accurately determine.

9. FAQ

the other party's monthly salary is 10,000, how much is the maintenance fee?

If there is a fixed income, it is generally calculated on the basis of 20% to 30% of the total monthly income, corresponding to roughly two thousand to three thousand yuan. The proportion of raising two or more children may be appropriately increased, but generally it shall not exceed 50%. The final amount will also be determined by taking into account the actual needs of the child and the local standard of living.

The other party said that he had no income, how to calculate the maintenance fee?

If there is no fixed income, it may be determined by reference to the total income of the year or the average income of the same industry. If it is really impossible to find out the income, the court will make a discretionary decision with reference to the level of consumption expenditure of local residents, taking into account the actual needs of the children and the affordability of both parties, not because the other party claims that it has no income and can not pay.

Can children still need child support when they go to college?

Generally covered up to the age of eighteen. Children who have reached adulthood and receive higher education in school are usually not unable to live independently, and the legal obligation to pay has mostly been terminated, but if the parents voluntarily bear the tuition and living expenses, the law does not prohibit it, and it can also be agreed separately in the agreement.

The original maintenance fee is too low, can you ask for an increase?

You can. If the original amount is not enough to maintain the actual living standard of the local area, the actual needs exceed the original amount due to the illness of the woman or going to school, or if there are other legitimate reasons, the minor children may be sued for an increase by the direct dependant as the legal representative and submit the corresponding expenditure evidence.

Practical Experience of 10. Lawyers

how much maintenance should be paid is one of the most frequently asked questions in the consultation. Some people think that it is enough to talk about the number and write it into the agreement, while others worry that the other party's income is not transparent and will suffer no matter how it is calculated. In practice, there is a relatively stable reference caliber: if there is a fixed income, it is usually determined according to a certain proportion of monthly income; if the income is not fixed or high, it is adjusted according to the local living standard and the actual needs of children. Therefore, the algorithm has a reference, but not according to the formula across the board, when talking about the specific situation to the ground.

To have a reasonable and well-founded talk, first clarify three sets of information: the other party's real income (salary, bonus, business bonus, provident fund, etc.), the child's actual expenses (living expenses, education, medical care), and the local general living standard. Income opacity is the most common difficulty, which can be confirmed from the side of social security payment, bank card flow, unit certificate, etc. Maintenance usually covers living expenses, education expenses and medical expenses. When talking, write these pieces separately to avoid disputes over whether a certain item is counted or not in the future. The more vague, the easier it is to repeat.

The payment method should also be clearly stated in the agreement: monthly or annual, which account to reach, when to increase, and under what circumstances. If the other party wants to exchange a one-time payment for a clean one, it is necessary to weigh the pros and cons. One-time payment seems to be a worry, but the child will be more passive when the actual need rises in the future. If the situation does change and needs to be adjusted, whether it increases or decreases, it is necessary to prepare the basis for discussion on the grounds of objective changes, and it is difficult to respond to claims that cannot come up with a basis.