Is my wife's request for child support of 4 million/month legal in Vietnam? Can me and my wife agree on child support levels ourselves in Vietnam?

If I pay child support once in Vietnam, do I have to pay it again?

My husband and I divorced. There is a child together who is directly raised by my wife. According to the agreement between the couple, I provide 500 million VND in one-time child support. Money delivery and receipt procedures have been completed. I wonder if my wife has right to ask me for more support in the future? Thanks for your advice.

Reply:

According to Clause 2, Article 82 of the 2014 Law on Marriage and Family, it is stipulated that the parent who does not directly raise a child shall respect the child’s right to live with the person who directly raises him/her.

The amount of support as well as the method of support shall be agreed upon by the person obligated to provide support and the person receiving support or that person's guardian.

Support may be provided on a monthly, quarterly, biannual, annual or one-off basis. (Article 117 of the 2014 Law on Marriage and Family).

When there is a plausible reason, the support level may change. The change of the support level shall be agreed upon by the parties; if they fail to reach agreement, they may request a court to settle it. (Clause 2, Article 116 of the 2014 Law on Marriage and Family).

According to the information you provided, you and your wife have agreed on a one-time child support obligation of 500 million VND. However, according to regulations in Vietnam, the level of support can be changed when there is a legitimate reason. Therefore, in the future, your wife can still ask you to provide additional child support if there is a legitimate reason.

Is my wife's request for child support of 4 million/month legal in Vietnam? Can me and my wife agree on child support levels ourselves in Vietnam? (Image from the Internet)

Is my wife's request for child support of 4 million/month legal in Vietnam?

My husband and I are in divorce court. My wife is raising the child and is asking me to pay 4 million/month in child support while my salary is 10 million. So is it true? If I sent my child 4 million, I wouldn't be able to make ends meet.

Reply:

According to Clause 2, Article 82 of the 2014 Law on Marriage and Family, it is stipulated that the parent who does not directly raise a child shall respect the child’s right to live with the person who directly raises him/her.

Clause 1, Article 116 of the 2014 Law on Marriage and Family stipulates the level of support as follows:

1. The support level shall be agreed upon by the person with the support obligation and the supported person or the latter’s guardian on the basis of the actual income and ability of the person with the support obligation and the essential needs of the supported person; if they fail to reach agreement, they may request a court to settle it.

According to this Article, whether the child support level of 4 million VND/month is appropriate or not depends on the agreement between husband and wife based on the income, actual ability of the brother (the person with the support obligation) and essential needs. If you find this level to be high or inappropriate, you can negotiate and discuss it with your wife.

If you still cannot reach an agreement, ask the Court to determine the support level in Vietnam.

Can me and my wife agree on child support levels ourselves in Vietnam? 

My husband and I have a 6-year-old daughter and she will stay with her mother when we divorce. Regarding the monthly child support level, can we agree on our own or do we have to ask the Court to settle?

Reply:

Article 116 of the 2014 Law on Marriage and Family stipulates as follows:

1. The support level shall be agreed upon by the person with the support obligation and the supported person or the latter’s guardian on the basis of the actual income and ability of the person with the support obligation and the essential needs of the supported person; if they fail to reach agreement, they may request a court to settle it.

2. When there is a plausible reason, the support level may change. The change of the support level shall be agreed upon by the parties; if they fail to reach agreement, they may request a court to settle it.

According to this regulation in Vietnam, when divorcing, husband and wife can agree on child support levels based on income, the actual ability of the person not directly raising the child and the child's essential needs. If no agreement can be reached, request the Court to resolve.

So in your case, you can agree on your child support level in Vietnam.

Best regards!