How much income per month for custody of children after divorce in Vietnam?
I am under divorce procedure with my wife and we have 5-year-old children. Currently, the economy of the two parties is also equivalent, my income is 9 million/month, and my wife is 8 million/month. So, with higher income than my wife, the court will appoint me to directly raise my children, right?
Pursuant to Clause 2, Article 81 of the Law on Marriage and Family 2014 stipulates as follows:
2. Husband and wife shall reach agreement on the person who directly raises their children and on his and her obligations and rights toward their children after divorce. If they fail to reach agreement, the court shall appoint either of them to directly raise the children, taking into account the children’s benefits in all aspects. If a child is full 7 years or older, his/ her desire shall be considered.
Thus, according to the above provisions, the law does not specify the income of the parties in divorce to be entitled to custody of children, considering many different factors such as: spirit, care time, care conditions, other benefits (medical, school...) in which the income issue is also one of those factors for the court to consider assigning children to the husband or wife to be adopted.
Best Regards!
