How old is the obligation to support the child after the couple divorces until the child is?

The obligation to support the child after divorce is that the parent who does not directly raise the child must contribute money or other property to meet the essential needs of the child who is not living with him/her in the case of law. So how is the child support between fathers and mothers regulated by the law on marriage and family in Vietnam?

How old is the obligation to support the child after the couple divorces until the child is?

Question: DFC Lawyer, My wife and I married in May 2010 while we had 1 child in 2011 and 1 child born in 2015, but the unhappy life because my husband often domestic violence, beating mother and children I had to go to the hospital many times and neighbors intervened, in October 2018, 3 mothers and children I went to stay at a relative's house to avoid being beaten by my husband, I asked for a divorce from my husband and was raising 2 children. So, DFC lawyers let me ask, I raise both children, does my husband have to give child support or not?

1. What is the provisions of the law on support?

According to Clause 24 of Article 3 of the Law on Marriage and Family 2014, the obligation to support after divorce is the obligation of a person to contribute money or other property to meet the essential needs of the person who is not living with him/her but is related to blood, marriage, nurture (such as paternity, mother, child, wife, husband, brother, sister ...) with him/her in case the person (the person being supported) is a minor, an adult without working capacity, has no property to support himself or that person is in difficulty or need in accordance with this law.

When divorced, she has the right to ask her husband to perform child support obligations under Clause 2 of Article 82 of the Law on Marriage and Family 2014: parents who do not directly raise children are obliged to support their children, that is, she can ask her husband to contribute a sum of money, other assets as agreed by the couple or the decision of the Court to meet the essential needs of 2 children such as eating, dressing, staying, traveling, studying ... when the children are under 18 years of age or full 18 years of age but cannot support themselves in accordance with the law.

So, parents are obliged to support their childrenup to the age of 1, according to Clause1 of Article 81 of the Law on Marriage 2014: After divorce, parents still have the right and obligation to look after, nurture, care for and educate their minor children (under 18 years of age), adult children (full 18 years of age) who have lost their civil act capacity or cases where their children are incapable of working and do not have the property to support themselves in accordance with law.

Thus, after divorce she can ask her husband to perform child support obligations until the adult child (18 years old); if the adult child cannot support himself (assuming that the 18-year-old continues to go to university and does not participate in income-generating labor; due to disability or inability to act civilly), the father is still obliged to support even indefinitely for the child together.

2. Regulations on child support after parents divorce

In terms of support, According to Clause 1, Article 116 of the current Law on Marriage and Family does not specify the minimum/ maximum level of support but only in the general provisions: The level of support provided by the supported person or his guardian and the person obliged to support after divorce is agreed upon based on the income and actual capacity of the person obliged to support after divorce and on the basis of considering the essential needs of the supported person; if the parties cannot reach an agreement on the level of support, they may request the Court to settle it.

Thus, the level of child support after divorce is based on the agreement of the husband and wife, the law does not specify how much support is, but on the basis of the child's necessities, the financial capacity of the father and these costs must be reasonable. If the couple does not agree on the level of support, she needs to provide documents proving the necessity of the child and the father's financial (monthly income, other assets) to make a request for support for the court to consider.

3. On child support

Regarding the method of child support when the husband and wife are divorced under Article 117 of the current Law on Marriage and Family stipulated: The support can be done once or periodically monthly, quarterly, half yearly, annually for the supported person.

Accordingly, the husband and wife can agree on the child support after divorce in any way, in case of no agreement, by proving the financial capacity of her husband as well as the necessities of 2 children by age, gender ... she needs to make a request for how much money/support assets are worth and ask her father to pay monthly, quarterly even accrued to ask once until the children reach the age of 18... for the Court to consider the settlement.

The above is the content of DFC's advice on post-divorce support obligations sent to DFC Law Firm. If you still have any problems, unknown or fake legal answers please contact via Email: luatsudfc@gmail.com or the free marriage counseling call center 1900.6512 of DFC Lawyers for the fastest support advice.