07/10/2022 10:09

Grounds for determining child support levels upon divorce in Vietnam

Grounds for determining child support levels upon divorce in Vietnam

Child support disputes are one of the most common disputes when every couple divorces. Usually, the custodial party requires high support while the noncustodial party often avoids support obligations and accepts only low support. So how do determine the appropriate level of support?

Typically in Judgment 02/2018/HNGĐ-ST dated 11/01/2018 on support disputes, according to which:

“Ms. L, and Mr. G are divorced according to the judgment number: 37/2014/HNGĐ-ST of the People's Court of Cao Lanh District. Ms. L is the person who directly raises the common child named Tran Thuy Van, born on November 15, 2013. During the divorce, Ms. L did not ask Mr. G for child support because Mr. G agreed to hand over 6 wedding gold to Ms. L as child support expenses, but then Mr. G and Mr. G's father demanded to get back the wedding gold and Ms. L. L has paid 3 gold coins for Mr. G. Since the divorce, Mr. G has not visited his children or supported any expenses for raising children. Because their children are old enough to go to school, while Ms. L is a worker, her salary is not enough to support her children. Now, Ms. L asks Mr. Tran Thanh G to provide joint child support in accordance with the law.

Mr. G disagrees with the reasons: Currently, Mr. G has a difficult family economic situation, he has to take care of his elderly and sick parents; Mr. G is an unskilled worker with an income of about VND 180,000 to VND 200,000 per day, but his income is unstable, so he cannot support child support as prescribed by law. Mr. G agrees to support the child with a support rate of 200,000 VND/month.

The trial panel ruled:

- Accepting Ms. Huynh Thi Thuy L's request to request Mr. Tran Thanh G to support child support.

- Forcing Mr. Tran Thanh G to have the obligation to support the common child equal to ½ month's base salary corresponding to the time of judgment execution, the support period is calculated from January 2018 until the common child's name is Tran Thuy V. mature enough to be 18 years old.

Compared with the 2014 Law on Marriage and Family, the provisions on alimony are as follows:

Article 110. Support obligations of parents towards their children

Parents are obliged to support their minor children and adult children who are unable to work and have no property to support themselves in case they do not live with their children or live with their children but violate their obligations. child care service.

Article 116. Support level

1. The level of support shall be agreed upon by the person with the support obligation and the person receiving the support or his/her guardian, based on the income, actual ability of the person with the support obligation and the essential needs of the person with the support obligation. alimony; If no agreement can be reached, ask the Court to settle.

2. With good reason, the level of support may change. The change of support level shall be agreed upon by the parties; If no agreement can be reached, ask the Court to settle.

In conclusion, for minor children and adult children who are unable to work and have no property to support themselves, when the parents do not live with the child, they must have the obligation to support the child.

However, the level of support for each case and each situation is different depending on factors such as: The essential needs of the person being supported, and the economic ability of the person with the support obligation.... Therefore, in order to determine the level of support when the parties cannot reach an agreement, the court will rely on the above factors to consider and determine the appropriate specific support level. It is absolutely not okay for either party to want to avoid or claim any amount of support.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

Sang Nguyen
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