Projected child support payments after divorce in cases where the spouses cannot reach an agreement will not be less than 30% of the average income of the husband or wife over the preceding 6 consecutive months
Agreement on Child Custody Post-Divorce Between Spouses
Pursuant to Article 5 of the Draft Resolution Guiding the Settlement of Marital and Family Disputes issued by the Council of Judges of the Supreme People's Court, the agreement on child custody post-divorce is stipulated as follows:
- When resolving a divorce case, if the spouses cannot agree on who will directly raise the child, the court will decide to assign the child to one party. If the child is 7 years old or older, the child's wishes must be considered. The court will take the child's opinion into account and make a decision based on the child’s best interests to assign the child to the parent who is better capable of ensuring the child’s welfare. The failure to obtain the child's opinion is not a reason to suspend or temporarily suspend the civil case. When the child's interests conflict with those of the parents, the child's welfare shall be prioritized.
- When considering the overall interests of the child, the court bases its assessment on the following criteria: the child's opinion; the child's right to live with the direct caregiver or maintain a relationship with the non-caregiving parent; the child's relationship with each parent; the parents' ability to look after, care for, raise, and educate including the ability to protect the child from abuse, neglect, and exploitation; the child's interests and expressed preferences; stability, continuity, and minimization of disturbances to the child’s living and educational environment; the desire of siblings (if any) to stay together; preference is given to assigning all children to one parent to ensure stability in the children's psychology and emotions.
- Gathering opinions from minors must meet the following requirements:
+ Ensure a friendly approach and appropriate manner for children to fully express their genuine opinions; children’s opinions should be collected in a separate room without the presence of parents to avoid psychological pressure.
Where necessary, local child protection officers can be invited to participate to help the child feel more confident in expressing their views.+ Children should not be forced to express their opinions, and stress or pressure should not be put on them while they do so.
+ The child’s opinions should be measured appropriately according to their age and maturity to ensure the protection of their legal rights and interests.
- To support the comprehensive evaluation noted in clause 2, the court, according to clauses 2 and 3 of Article 72 of the Law on Children 2016, should request local child protection officials to investigate and provide information about the personal and family situation of the child to make an appropriate determination.
Minimum Child Support after Divorce
Anticipated Child Support Amount after Divorce
Pursuant to Article 6 of the Draft Resolution Guiding the Settlement of Marital and Family Disputes issued by the Council of Judges of the Supreme People's Court, it is stipulated: Child support payments include costs for nurturing and educating the child as agreed by the parties. If the parties cannot agree, the court will decide the support amount to be at least 2/3 of the statutory pay rate and not less than 30% of the average income of the obligated person for the previous 6 months.
Therefore, the minimum support amount will depend on your husband's salary. You should base your calculations on this regulation to determine an appropriate support level compliant with the rules and suitable for your child's upbringing.
Method and Effectiveness of Child Support Payments
Pursuant to Articles 7 and 8 of the Draft Resolution Guiding the Settlement of Marital and Family Disputes issued by the Council of Judges of the Supreme People's Court, the methods and effectiveness of child support payments are stipulated as follows:
- The method of support payments is as agreed by the parties: monthly, quarterly, semi-annually, annually, or in a lump sum. If the parties cannot agree, the court will decide on monthly payments or another method suitable to the child's needs and the payer's conditions.
- The timing of child support payments is as agreed by the parties. If there is no agreement, the support payments start from the date the court issues its judgment or decision.
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