After divorce, non-child supporters shall have to support their children. How to calculate child support after a divorce is one of many common questions of many people when talking about support. The same law firm DFC consults with the case below.
Advice on child support after divorce
Q: Dear DFC Lawyer, I have this problem looking forward to receiving the advice of lawyers and answers. I and my husband are making an agreement on the divorce, we have basically agreed the conditions for a favorable divorce. Only the level of post-divorce subsidy is not agreed, we have two young children are still attending a grandedi year 8, one is in 2nd grade. My husband agreed to give both children to me for care. I agreed and asked for a support level of 8 million / month for two grandchildren but he refused, he went to work as a monthly salary of less than 20 million I insisted so is less than the reality. So, would you like to ask a counsel to help me get any grounds to claim that support or can I ask for more?
Counsel: Thank you for your trust and send questions about our DFC Lawyers for advice, for your questions we would like to answer as follows:
Legal grounds
- Marriage and Family Law 2014 and guiding documents
Contents of consultation
1. What is child support after a divorce?
According to Clause 24, Article 3, the Law on Marriage and Family 2014 defines support as the obligation of a person to contribute money or property to ensure the essential living needs of a person who does not live with him/her but has a marital, blood or nurturing relationship in case such person is a minor , inability to recognize civil acts or inability to work or property to feed themselves.
Support obligations are performed between parents and children; between siblings; between grandparents and grandchildren; between her, aunts, uncles, uncles, uncles and grandchildren and between husband and wife. This obligation cannot be transferred nor replaced by another obligation which must not be denied. In case this person intentionally violates the support agreement, the right party may request the Court to settle it.
2. How to calculate child support after divorce
In accordance with the current Law on Marriage and Family, there is no regulation on the maximum level of support, or the minimum level of support that one party must implement. The exact number will be agreed by the parties on their own based on the actual financial ability of the obliged person and the necessities of the person entitled to support. If the two cannot be agreed, they can ask the Court to resolve it.
The parties must not only make an agreement on the level of support but also agree on the method of support such as monthly, quarterly, annual or one-time implementation. Where the obliged party is unable to provide support without the other party's consent, it will also request the court to settle it.
Thus for your case, you have the right to ask your brother-in-law to support the two children. However, for the figure of 8 million / month that she requires to be based on the actual cost of ensuring the living, studying and playing conditions of her two children so that at least the minimum the grandchildren still enjoy when you and your husband are still married.
Besides, you also need to rely on your husband's actual income to give the child a reasonable amount of support. These are two important grounds where you can reach an agreement with your husband as well as bring it to the Court for support where it is impossible to reach an agreement with your husband.
The above is the full answer to your question, hopefully through the article helped readers understand how to calculate child support after divorce. If you have any questions that are not clear, please contact our free legal call center 19006512 to get the best support and advice.
Le Minh Cong
Luật Sư: Lê Minh Công
Với bề dày kinh nghiệm hơn 15 năm trong ngành tư vấn pháp luật, Luật sư tranh tụng tại Tòa án, Ông Lê Minh Công đã dẫn dắt DFC trở thành một thương hiệu uy tín và chất lượng cho người dân và là một trong những công ty đi đầu tại Việt Nam trong lĩnh vực tư vấn luật qua tổng đài.
