After a divorce, until when do parents have to support their children. And after a divorce, who is obligated to support? Let us learn about this topic with LSX law firm as follow:
After a divorce, do parents have obligation to support their children?
Support is the obligation of a person to contribute money or other property to meet the essential needs of a person who is not living with him or her but has a marital relationship; bloodline or rearing in case that person is a minor, an adult without working capacity and no property to support himself or a person facing difficulties or needy under the provisions of this Law. Case both parents do not have custody of children after divorce?
This is; the definition stated in Clause 24, Article 3 of the Law on Marriage and Family 2014. Accordingly, alimony occurs only when the following conditions are; met:
– The person receiving support is a minor or an adult but has no working capacity, no property to support himself or someone in difficulty;
– The support person and the supported person are related by marriage, blood or foster care.
– These people don’t live together.
Therefore, upon divorce, the following people will have a alimony relationship:
– Parents who do not directly raise their minor children, adult children who have no property to support themselves or are unable to work have the obligation to support their children. In particular, even though parents have restricted rights with their minor children, they still have to support their children (according to Clause 2, Article 82 and Clause 3, Article 87 of the Law on Marriage and Family).
– After a divorce, a husband and wife are; obliged to support each other if one of them is in difficulty or in need, has a request for support and has a good reason (according to Article 115 of the Law on Marriage and Family).
After a divorce, how much alimony/month? How?
The level of support is specified in Article 116 of the Law on Marriage and Family. Accordingly, the level of support will be; agreed upon by the parties based on the income, the actual ability of the supporter as well as the essential needs of the child. The court only settles when the parties do not reach an agreement or fail to reach an agreement.
In particular, Clause 2, Article 116 of the Law on Marriage and Family affirms:
When there is a good reason, support levels may change. The change of support level shall be; agreed upon by the parties; If no agreement can be reached, ask the Court to settle.
Therefore, the law does not limit how much alimony is, but is completely based on the agreement of the parties or on the income, conditions and needs of the parties. Currently, the Court will usually set the support level at about 15-30% of the supporter’s income.
Regarding the mode of support, Article 117 of this Law stipulates that the support can be provided monthly, quarterly, semi-annually, annually or once. The parties can also agree on the mode of support, if they cannot reach an agreement, they will ask the Court to settle.
After a divorce, until when do parents have to support their children?
As analyzed above, minor children, adult children without working capacity, no property to support themselves, the person who does not live with the child after the divorce will have the obligation to support the child. .
In which, minor children are children who are under 18 years of age or older according to Article 21 of the Civil Code. At the same time, the cases in which the support obligation is; terminated specified in Article 118 of the Law on Marriage and Family include:
– The supported person is an adult and has the ability to work or has property to support himself.
– The support person or the person receiving support dies.
– Wife or husband (in difficulty, in dire straits) after divorce gets; married to another person…
Thus, it can be; seen that, after a divorce, parents may not have to support their children in the following cases:
– Children who are full 18 years old or have the ability to work and have property to support themselves.
– Dead father, mother or child.
After a divorce, Is there an increase in alimony?
Unilateral divorce and child custody settlement agency in Vietnam. Clause 2, Article 116 of the Law on Marriage and Family affirms:
When there is a good reason, support levels may change. The change of support level shall be; agreed upon by the parties; If no agreement can be reached, ask the Court to settle.
Thus, the law completely allows the parties to change the level of support. If the economic situation is difficult, the supporter’s income level is no longer able to provide support, the support amount can be; negotiated to reduce the support amount. On the contrary, if the child’s essential needs increase and the caregiver is eligible, the two parties can agree to increase the level of support.
However, in fact, if there is a dispute over the level of support, often the parties will not be able to reach an agreement but must ask the Court to settle.
In these cases, the Court will base on the legitimate reasons given by the parties to consider and decide whether to agree to the request to change the level of support of the parties.
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Related questions
Point a, Clause 3, Article 64 of Decree No. 82/2020/ND-CP stipulates; Those who fail to perform the work required to comply with the legally effective judgments or decisions of the Court will be subject to a fine of between VND 03-05 million.
Accordingly, if the alimony has been specified in the divorce judgment or decision but the husband or wife does not comply, the fine may be from 03-05 million dong.
At the same time, according to Clause 37, Article 1 of the revised Penal Code 2017, if refusing or evading the support obligation puts the child in a dangerous situation; health or have been administratively sanctioned but continue to violate, the offenders may be sentenced to up to 2 years in prison.
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