Article 116 of the 2014 Law on Marriage and Family provides regulations on the support amount as follows:
- The support amount is determined through agreement between the obligee and the obligor or their guardians, based on the obligee’s income, actual capabilities, and essential needs. If no agreement can be reached, the court will make a determination.
- The support amount may be modified for valid reasons. Changes to the support amount are agreed upon by both parties. If no agreement can be reached, the court is requested to resolve the matter.
Additionally, Clause 2 of Article 7 in Resolution 01/2024/NQ-HDTP stipulates as follows:
- Child support money covers all costs for the upbringing and education of the child and is agreed upon by both parties.
- In case no agreement can be reached, the court will decide the support amount based on the income, actual capability of the obligor, and essential needs of the obligee.
- The support amount decided by the court shall not be less than half of the regional minimum monthly wage at the locality where the obligor resides for each month per child.
Thus, the minimum child support when parents divorce will be mutually agreed upon, and if not agreed, the court will resolve it, but absolutely not less than half of the regional minimum monthly wage.
According to current regulations in Article 3 of Decree 74/2024/ND-CP, the minimum monthly wage and minimum hourly wage for employees working for employers by region are as follows:
Region |
Minimum monthly wage (Đơn vị: VND/month) |
Minimum hourly wage (Đơn vị: VND/hour) |
Region I |
4.960.000 |
23.800 |
Region II |
4.410.000 |
21.200 |
Region III |
3.860.000 |
18.600 |
Region IV |
3.450.000 |
16.600 |
Như vậy,
Thus, the minimum child support after divorce is as follows:
Region |
Minimum child support (Đơn vị: VND/month) |
Region I |
2.480.000 |
Vùng II |
2.205.000 |
Vùng III |
1.930.000 |
Vùng IV |
1.725.000 |
Below are some judgments on child support disputes when parents divorce:
No. | Judgment Title | Date of Issuance | Court |
---|---|---|---|
1 | Judgment 23/2023/HNGD-PT on custody change and support dispute post-divorce | December 7, 2023 | Da Nang City People's Court |
2 | Judgment 114/2023/HNGD-ST on child support and property division dispute | September 28, 2023 | Luc Yen District People's Court, Yen Bai Province |
3 | Judgment 3863/2023/HNGD-ST on support dispute | September 22, 2023 | Thu Duc City People's Court, Ho Chi Minh City |
4 | Judgment 06/2024/HNGD-ST on support dispute | April 17, 2024 | Lam Binh District People's Court, Tuyen Quang Province |
5 | Judgment 12/2024/HNGD-PT on child support and property division dispute post-divorce | April 11, 2024 | Long An Province People's Court |
6 | Judgment 51/2024/HNGD-ST on divorce, custody, and support dispute | April 8, 2024 | Long Ho District People's Court, Vinh Long Province |
7 | Judgment 03/2024/HNGD-PT on support dispute | April 3, 2024 | People's Court of Province T |
8 | Judgment 19/2024/HNGD-ST on divorce, custody, support, and joint debt payment dispute | April 3, 2024 | Can Long District People's Court |
9 | Judgment 24/2024/HNGD-ST on divorce, custody, and child support dispute | April 2, 2024 | Can Long District People's Court, Tra Vinh Province |
10 | Judgment 229/2024/HNGD-ST on support dispute | March 29, 2024 | Tan Binh District People's Court, Ho Chi Minh City |
11 | Judgment 41/2024/HNGD-ST on divorce, child custody, and support | March 27, 2024 | Tam Binh District People's Court, Vinh Long Province |
12 | Judgment 12/2024/HNGD-ST on divorce, child custody, and support | March 25, 2024 | District-level town U People's Court, Province G |
13 | Judgment 17/2024/HNGD-ST on divorce, custody, and child support dispute | February 16, 2024 | Tam Binh District People's Court, Vĩnh Long Province |
14 | Judgment 24/2024/HNGD-ST on support dispute | February 5, 2024 | Thuy Nguyen District People's Court, Hai Phong City |
15 | Judgment 01/2024/HNGD-PT on common child support and property division dispute | January 30, 2024 | Dak Nong Province People's Court |
16 | Judgment 05/2024/HNGD-ST on divorce, common child, and support dispute | January 23, 2024 | District-level town Kien Tuong People's Court, Long An Province |
17 | Judgment 04/2024/HNGD-ST on divorce, common child, support, and property division dispute post-divorce | January 22, 2024 | District-level town Kien Tuong People's Court, Long An Province |
18 | Judgment 239/2023/HNGD-ST on request to change child support post-divorce | September 18, 2023 | District D People's Court, Quang Nam Province |
19 | Judgment 18/2023/HNGD-PT on child support dispute | September 11, 2023 | Da Nang City People's Court |
20 | Judgment 58/2023/HNGD-ST on child support dispute | September 11, 2023 | Phu Hoa District People's Court, Phu Yen Province |
21 | Judgment 56/2023/HNGD-ST on common child support dispute post-divorce | September 11, 2023 | District P People's Court, Phu Yen Province |
22 | Judgment 16/2023/HNGD-PT on common child support dispute | September 7, 2023 | Nghe An Province People's Court |
23 | Judgment 197/2023/HNGD-ST on support and custody change dispute post-divorce | September 5, 2023 | My Tho City People's Court, Tien Giang Province |
24 | Judgment 36/2023/HNGD-ST on modification of child support amount | August 30, 2023 | Cu M’gar District People's Court, Dak Lak Province |
25 | Judgment 26/2023/HNGD-ST on divorce, custody, and support dispute | August 10, 2023 | District H People's Court, Province B |
26 | Judgment 07/2023/HNGD-PT on divorce, child support, and property division dispute post-divorce | April 3, 2023 | Hau Giang Province People's Court |
27 | Judgment 12/2023/HNGD-PT on common property division post-divorce, support, and asset loan contract dispute | April 27, 2023 | An Giang Province People's Court |
28 | Judgment 16/2023/HNGD-PT on divorce, common child custody, and support dispute | March 27, 2023 | Long An Province People's Court |
29 | Judgment 04/2023/HNGD-PT on common child support dispute | March 21, 2023 | Hau Giang Province People's Court |
30 | Judgment 02/2023/HNGD-PT on child support dispute | January 5, 2023 | Tay Ninh Province People's Court |
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