“Hello Lawyer, In 2017, Mr. A and I had a romantic relationship. After a period of love, I became pregnant. On October 15, 2017, I gave birth to baby B. Right after that, Mr. B left and got married to another woman In 2022, I filed a lawsuit requesting to identify the father and son and asking Mr. A to perform the support obligation from October 15, 2017. Date On June 15, 2022, I received a first-instance judgment declaring Mr. A to perform his support obligation starting from the effective date of this judgment. How to determine when to start child support? A counselor helps me. I would like to sincerely thank the Lawyer.”. Thanks for your question. To answer the above question, today, LSX Lawfirm will give you an article about “How to determine when to start child support under Vietnamese law”, as follows:
Legal grounds
Law on Marriage and Family 2014
What is alimony?
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 marriage, blood, or foster relationship in case that person is an unmarried person. minors, adult people without working capacity and no property to support themselves, or people facing difficulties and needy according to regulations.
So Support is done when they are no longer living together; and the person receiving support is not qualified to sustain life; difficult; lack. At that time, the level of support will be agreed upon by the parties so that there is reasonableness between the two parties.
How is child support after divorce?
Pursuant to Clause 1, Article 81 of the 2014 Law on Marriage and Family:
“After a divorce, parents still have the right and obligation to look after, care for, raise and educate their minor children or adult children who have lost their civil act capacity or are unable to work and are not able to work. have a property to support themselves in accordance with this Law, the Civil Code, and other relevant laws.”
In case, If the person directly raising the child does not ask the person who is not directly raising the child for support for some reason, the Court needs to explain to them that asking for child support is the right of the child so that they know in order to protect the child’s right. ; legitimate interests of the child. If it is deemed that their failure to claim support is voluntary; If they have full capacity and conditions to raise their children, the Court will not force the other party to pay child support.
So, after the divorce, the person who does not directly raise the child must support the child until he/she becomes an adult (18 years old); if an adult child cannot support himself or herself due to a disability; or has no civil act capacity, the person with the support obligation must have an indefinite support obligation.
How to determine when to start child support
Accordingly to recorded data, child B was born on October 15, 2017, but it was not until 2022 that she filed a lawsuit to the Court asking Mr. A to support the child. The first-instance court has declared Mr. A to perform the support obligation starting from the effective date of the judgment, which is October 15, 2022.
Accordingly to the provisions of Clause 24, Article 3, and Article 110 of the Law on Marriage and Family 2014, “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/her. but have a marriage, blood or foster relationship in case that person is a minor…” and “Fathers and mothers have the obligation to support their minor children…”.
A minor is a person under the age of eighteen, “A mature person is a person who is full eighteen years of age or older, and a minor is a person under the age of eighteen” (Clause 1, Article 20, and Clause 1, Article 21 of this Code). Civil in 2015). Thus, according to the current law, it only refers to the end of the performance of child support obligations (such as when an adult child is full 18 years old, has the ability to work, and has income to support himself or herself). body) without specifying when the person with the support obligation must begin to perform the support obligation.
However, at the time of birth of grandchild B and the time of filing the lawsuit, it has not been determined that grandchild B is the biological child of Mr. A and it has not been determined at that time whether Mr. A will raise the child or not.
What is the current minimum child support level?
Child support is understood as the minimum expenses for the upbringing and education of the child and is agreed upon by the parties then.
Article 53 of the Law on Marriage and Family stipulates the level of support as follows:
“The level of support is agreed upon by the person with the support obligation and the person receiving support or his/her guardian, based on income; the actual capacity of the person with the support obligation, and the essential needs of the person receiving the support… When there is a good reason; alimony may change. The change of support level shall be agreed upon by the parties; If no agreement is reached, ask the court to settle.”
Thus, the current law does not stipulate a specific allowance of 2 million; 5 million, or 100 million/month; which allows the parties to agree on their own terms; the supporter’s income; If no agreement can be reached, ask the Court to settle.
When deciding the amount of support to be paid; the court will base the supporter’s income on; so the alimony level is usually not higher than the alimony’s income; ranging from 15-30% of the pensioner’s income.
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- How to determine when to start child support under Vietnamese law
Related questions
Child support is an obligation specified in the Law on Marriage and Family 2014, but the law still respects the parties’ right to agree on the level of support or support obligations. Although there are no specific regulations on the adoption of children by a husband and wife upon divorce, it is agreed that the other party does not need support; In fact, the Court may accept or not accept the agreement of the parties on the fact that the other person does not have to support then.
According to the provisions of Article 82 of the Law on Marriage and Family 2014; The right to visit children after a divorce is a right that is prescribed by law for people who do not directly raise children after a divorce. Therefore; The fact that the person directly raising the child invokes the non-support to prevent this right is not in accordance with the provisions of law.
According to the provisions of Article 22 of Decree 144/2013/ND-CP, if a person abandons or fails to take care of and nurture a child after birth, fails to fulfill the nurturing obligation, or cuts off emotional and material relations with the child. You may be fined from 10 to 15 million VND. More severe cases can be prosecuted for criminal liability with the heaviest penalty frame can be up to 2 years in prison.
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