What is the law on minimum child support? Based on what rules can support be calculated? Together with DFC Lawyers we advise with the case below.
What is the minimum child support?
Q: Hello, DFC Attorney. My husband and I married in 2015, due to conflicts, disagreements and no common voice in life, my wife and I decided to divorce. My husband and I have two children together, a 3-year-old boy and a 6-year-old girl. We agreed that I would be the one directly raising both my children and my husband's monthly support. So ask a private lawyer to help me: So can I raise both grandchildren, the minimum child support in 2021 after divorce? The time to support my husband's children until it ends. Thank you, Lawyer!
Counsel: Hi, thank you for sending questions about DFC Counsel's Legal Call Center. With your question, we'll answer your question through the following article:
Vietnamese marriage law provides for obligations and levels of child support after divorce varies from time to time, but they are based on two basic principles: Voluntary agreement of both spouses or effective decision of the Court if the two parties cannot reach an agreement on their own.
Legal grounds:
1. Regulations on parental support obligations
Pursuened by Article 81 (Law on Marriage and Family 2014) provisions on support obligations of parents as follows: parents after divorce still have the right, obligation to look after, care for, educate and nurture minor children, adult children who lose their civil act capacity or have no working capacity and cannot support themselves... and "If the husband and wife agree on the person directly raising the child, the rights and obligations of each party after the divorce of the child, in case of no agreement, the court decides to hand over the child to a party directly raising the child based on the interests of all aspects of the child...".
Thus, in case your spouse voluntarily, the agreement is made on who directly raises the child and who is the child support, the Court does not consider who is eligible for child support anymore, the Court considers and recognizes the agreement of the two parties and decides to recognize the divorce consent of the couple.
2. On the issue of child support after divorce
Regarding child support after divorce as provided in Clause 1, Article 116 (Law on Marriage and Family 2014): When considering the issue of support, the Court will base on the income, actual ability of the person obliged to support and the essential needs of the supported person on the basis of the agreement of the couple. Thus, in the particular case of your family, on a voluntary basis your husband will propose and offer support for two children after balancing financial capacity. The cable method can be monthly, quarterly or yearly based on the request of the person directly nurturing or agreement.
However, the level of support cannot exceed the actual income of both your husband at the time of divorce, the child support level may also vary from time to time, the change may be agreed by both parties or request the Court to settle.
3. About the time of child support
Regarding the time of child support specified by law: The person who does not directly raise the child is obliged to support the child until the adult child (full 18 years of age), if the child is an adult but no longer has the working capacity (disability, critical illness, in capacity loss of civil act ,....) is not eligible for self-support, the support liability is indefinitely.
The above is the legal advice of DFC Law Firm on the contents of minimum child support level 2021. For any questions, please send to the legal advice box or call 19006512 for timely answers and support.
Ls. 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.
