How is alimony calculated? What if the other party defaults on alimony?

How much alimony should be paid? In fact, it is difficult to have a definite answer, and the court may not always calculate it according to the "average monthly consumption expenditure per person in each county and city" . Different economic conditions have different parenting methods. Those who work harder will mainly seek food and clothing. If they are in good condition, they will have more needs for study and entertainment. If the conditions are acceptable to both parents, they can get divorced . It is faster to agree to solve the problem by agreement or other means, but if a consensus cannot be reached, the only way is to let the court make a judgment that both parties can afford, but it is difficult to say whether it is reasonable, because the court is offensive and defensive. Often it is the ability to provide evidence.

Free legal advice: 0800-868-887

What is the usual price for alimony ?

Since each family's economic situation is different, in recent court decisions, the price of alimony mostly falls between 7,000 and 15,000, and the gap is at least twice as high. However, if the family situation is a little special, it will naturally fall out of this category, such as children have special medical needs. Although the courts usually take the average monthly consumption expenditure per person in each county and city as the reference basis, because the frequency gap in my country is getting bigger and bigger, most of the wealth falls in the hands of a few people, so the reference value has a tendency to gradually decrease in essence. After all, the spending power of most people is lower than the average value, so other comprehensive considerations will still be needed to consider.

(Featured Article: Divorce Counseling│The 5 Myths About Alimony That Get Wrong. )

How to calculate the amount of alimony !

When determining the amount of alimony , the court will take into account the socioeconomic status, financial ability of both parents, whether they are the primary caregivers, the social worker’s home visit report, etc., as well as the child’s current growth environment and actual needs. For example, the mother's financial ability is poor and is also the main caregiver , while the father's financial ability is good, it is possible for the father to pay 2/3 of the maintenance fee , and the payment method has to be determined according to the application or authority. One-time payment, installment or regular payment .

Child support covers everything from milk powder to tuition, dormitory, medical care, etc. These can be put forward in the parenting plan as a reference, and the content should not be too difficult, such as knowing that the other party’s financial ability is limited, but arranging the child to go to many famous teachers for supplementary education In this way, you will lose reference value and even be more disadvantageous to yourself in the judgment.

(Selected article: Three money you must know about divorce! Alimony, alimony, and distribution of remaining property. )

What if the other party defaults on alimony ?

In principle, it can be handled by compulsory execution , but usually we will indicate "unpaid in one installment, all due", so that if the other party defaults on the maintenance fee , you can directly request the court for the full age of the minor children. Before the age of 20, the other party should bear all the alimony (in practice, the court will still reduce it). This is because it is too troublesome to apply for enforcement for one or two defaults, but it is too difficult to wait for the other party to default for a certain number of periods before enforcement is required, so it is necessary to avoid the other party in this way Malicious default.

Many people will retaliate for the other party's non-payment of child support by refusing the other party to visit the child, but we do not encourage this. Legally, visitation rights and child support are completely separate rights and interests, and will not be delayed because the other party defaults on child support. , it can rationalize the fact that hinders visitation, so we still suggest that it is more appropriate to take formal channels to pursue.

(Selected article: The scope of visitation rights and the method of agreement! )

Zhibang Law Firm cooperates with professional lawyers in divorce consultation , affair claims , child custody , investigation and evidence collection , and criminal defense , and is committed to helping people overcome difficulties.