Maintenance standard:

1, the standard of alimony is generally paid at the rate of 20~30% of the monthly salary.

Article 7 of "Several Specific Opinions of the Supreme People's Court on Children's Support in People's Courts Handling Divorce Cases" [1] stipulates that the amount of child support can be determined according to the actual needs of the children, the affordability of both parents and the local actual living standard.

If you have a fixed income, you can generally pay the child care fee according to the proportion of 20% to 30% of the total monthly income. Bear the one-child health care costs of more than two children, the proportion can be appropriately increased, but generally not more than 50% of the total monthly income.

No fixed income, can refer to the above ratio, according to the total income of the year or the average income of the same industry to determine the amount of conservation fees.

Under special circumstances, the above ratio can be appropriately increased or decreased.

2. Payment method and maintenance scope.

Article 8 of "Several Specific Opinions of the Supreme People's Court on People's Courts Handling Child Support in Divorce Cases" stipulates that child support should be paid regularly, and can be paid in one lump sum if conditions permit.

Article 9 stipulates that if one party has no economic income or his whereabouts are unknown, he may use his property to pay the maintenance fee.

According to the above regulations, the payment method of alimony is generally monthly, paid into the special account for child alimony or paid when visiting children. In practice, many parties ask the other party to pay alimony in one lump sum, which saves the trouble of asking for money and can be used to offset the money given to the other party. But whether to adopt one-time payment depends on the other party's actual ability to pay and the other party's attitude. If the party who does not directly raise the child does not agree to a one-time payment, the court will not order him to make a one-time payment.

Support means more than living expenses. Article 2 1 of the Interpretation of Marriage Law clearly stipulates that "maintenance expenses" include three items, namely, living expenses, education expenses and medical expenses. Therefore, in divorce, in addition to living expenses, we should also give full consideration to education expenses and medical expenses, and strive for a higher proportion within the maintenance standard (20~30%).

3, in the following circumstances, parents have the obligation to support children who have reached the age of eighteen (adult)

In general, parents' obligation to raise their children ends at the age of 18. At the age of 18 or above, parents have no legal obligation to support their children, including the maintenance during their college years.

At the same time, Article 2 1 of the Marriage Law stipulates that minors or children who cannot live independently have the right to ask their parents to pay alimony when their parents fail to perform their alimony obligations. Interpretation of Marriage Law (1) Article 20 stipulates that "children who cannot live independently" refers to adult children who are still receiving education below senior high school, or who cannot maintain a normal life due to non-subjective reasons such as loss or incomplete loss of working ability.

According to the above regulations, parents still need to fulfill their maintenance obligations when their children reach the age of 18.