Chinese marriage law
provides legislative provisions for the couples who get divorced
. In case there are children involved, the 2001 Marriage Law of People’s Republic of China
provides a set of rules through which the Chinese state
protects the interests of the child. Child support
is one of the stipulations created to protect the child, amongst other important provision, which can be detailed by our lawyers in China
Establishing the Alimony
When the Supreme Court establishes the alimony, the following factors are taken into consideration:
• parent’s financial capabilities,
• child’s needs that have to be met,
• standard of living in the region in which the child will live.
Alimony Obligations in China
The parent who will not be granted by the Chinese Court
with the custody of the children
will have to pay the child support
. Alimony should be paid by the parent until the child reaches the age of 18, but if the child is 16 years old and he or she is either working, either in the military, the parent is no longer obliged to pay the child support.
The sum of money that will constitute the alimony will be decided in the Court, taking into account the income of the parent who will have to pay it.
The sum of money spent monthly by the parent who has the custody will also be taken into account by the Court and he or she should be able to present the proof on how the money is spend (rent, food, clothing, education), to provide a financial basis when asking for alimony. Our law firm in China
can give you further details on how the alimony is established, but you should know that it is customary that child support to represent 20-30% of the annual income
In case there are two children and both are in the custody of one parent, the other parent has to pay the alimony in value of 50% of the yearly income.
If you need to know further details about this subject or you need legal representation, our law firm in China
can help you with legal advice. Please contact our lawyers in China
, who can offer you support in a various area of legal cases, including child support and child custody