Financial side of a divorce from a Chinese citizen: payment of alimony
In general, in the event of a divorce from a Chinese citizen, you can pre-negotiate with the other party on the issue of alimony. If negotiations are not successful, you can file a child support dispute claim in court claiming that the other party pays the full amount of child support in a lump sum or monthly.
The relationship between parents and children is not abolished by divorce. According to the Civil Code of the People's Republic of China, after a divorce, if the child is directly supported by one party, the other party bears part or all of the maintenance. The amount of expenses and the duration of the period must be agreed by both parties, if an agreement cannot be reached, the people's court decides. That is, the amount of alimony can be determined through negotiations between you. If the two of you cannot agree on the amount of child support, you can go to court for a decision.
The court in China generally determines the amount of child support based on the actual needs of the child, the financial capacity of both parents, and the actual local standard of living. For people with a fixed income, child support can usually be paid in the amount of 20 to 30 percent of their total monthly income.
For those who pay child support for more than two children, the proportion may be increased accordingly, but as a rule, it should not exceed 50% of the total monthly income. In the absence of a fixed income, the amount of child support can be determined based on the total income for the year or the average income in the same industry with reference to the above coefficients.
Created: 22 March 2022