Chinese marriage law provides legislative provisions for couples who get divorced. In case there are children involved, the 2001 Marriage Law of People’s Republic of China provides a set of rules through which the Chinese state protects the interests of the child. Child support is one of the stipulations created to protect the child, amongst other important provisions which can be detailed by our lawyers in China. Knowing the rights of the children, involving the financial ones is important for foreigners living in China.
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Establishing the alimony
When the Supreme Court establishes the alimony, the following factors are taken into consideration:
- • the parent’s financial capabilities,
- • the child’s needs that have to be met,
- • the standard of living in the region in which the child will stay. Besides helping you with alimony cases, our lawyers can assist you in other matters too. For instance, if you are planning a trademark registration in China, our lawyers can offer you their services. The most significant reason for registering a trademark is to prevent the brand and its products/services from being counterfeited. You should note that if a product does not have a registered trademark in China, anyone can replicate and sell it as a forgery. This affects brand credibility and customer loses their trust.
Alimony obligations in China
The parent who will not be granted by the Chinese Court with the custody of the children will have to pay the child support. Alimony should be paid by the parent until the child reaches the age of 18, but if the child is 16 years old and he or she is either working, either in the military, the parent is no longer obliged to pay the child support. The sum of money that will constitute the alimony will be decided in the Court, taking into account the income of the parent who will have to pay it. The sum of money spent monthly by the parent who has the custody will also be taken into account by the Court and he or she should be able to present the proof on how the money is spent (rent, food, clothing, education), to provide a financial basis when asking for alimony. Our law firm in China can give you further details on how the alimony is established, but you should know that it is customary that child support to represent 20-30% of the annual income. In case there are two children and both are in the custody of one parent, the other parent has to pay the alimony in a value of 50% of the yearly income.
Custody in China
In divorce cases in China, parents will have to observe the regulations regarding the child custody, in respect to the Child Custody Legislation of the People’s Republic of China comprised by the General Principles of the Civil Law. Split, joint and shared custody are the three types of custody permitted in China, mentioning that both parents must involve in children’s growth and education. It is important to know that the authorities in China will act in the best interest of children in divorce cases and custody. Here is what you need to know about child custody in China:
- • The authorities in China will settle custody in accordance with the needs of the children and the wishes of the parents.
- • Minors are allowed to speak for themselves and decide whether to stay with the mother or the father.
- • Temporary guardianship of minors is provided by the authorities if the parents cannot support the living of children from a financial point of view.
- • A legal guardian is offered by Chinese authorities for families with alcoholic parents.
A custody case can be reopened if the temporary guardianship expires and if one of the parents is willing to take care of the minor, in normal conditions. The alimony enters the discussion in this situation and it will be established by the authorities if one of the parents or tutors provide information about the financial status.
The rights of children in China
The international laws regarding the protection of children are also valid in China, besides the local legislation involving the right for a family, education, healthcare, and social welfare. The Law on Maternal and Infant Health of the People’s Republic of China is an important set of law which provides the right to have medical insurance and healthcare services for infants and mothers. As for the Law on Compulsory Education, this stipulates that children have the right for free education for at least 9 years as mandatory school years. The Ministry of Education in China is the institution in charge of curriculum in schools, approved books, and related matters. Furthermore, we remind that the Chinese authorities will only act in the best interest of the children, meaning that child custody involving alimony will be established in the court of law once the entire case is presented. The legal support of a Chinese lawyer should be in your attention if you are a foreign citizen involved in child custody in China.
What is Child Labor and Exploitation Law?
The Labor Law of the People’s Republic of China and especially the Child Labor Provisions mentions the minimum age for working in China is 16. It is strictly prohibited for employers to hire minors under 16 years of age. However, exceptions are made in sectors like culture and special crafts only approved by the entitled ministries in China.
Alimony for foreign children in China
The divorce and custody cases of foreign families established in China are dealt in respect with the applicable legislation in this country, regardless of the nationality. There is a serious concern in matters of divorce and custody, the authorities looking for the best environment for the children involved, including the ways in which the alimony needs to be paid. Being established in a court of law, the alimony will be based once the parents provide information about their financial statuses, such as bank statements, work documents and many more.
FAQ about alimony in China
1. How is the alimony established in China?
Approximately 20% or 30% of the annual income of a parent represents child support. The Supreme Court of Law in China is in charge of establishing the alimony, taking into consideration the standard of living, the financial abilities, and minor’s needs.
2. Do I need to make proof of how the money is spent?
In most cases, the court of law in China will ask for proof showing how is the alimony spent on children.
3. Who needs to pay the alimony in China?
One of the parents needs to pay the monthly allowance, as established by the court of law once the custody is established.
4. How much time do I have to pay for alimony?
Alimony is paid until the child turns 18 or 16 if the minor gets a job in China or enters military services. Legal advice can be offered in this matter by our team of lawyers in China.
5. How is alimony paid in case of 2 children?
50% of the annual income will represent the alimony paid by a parent in China. Complex custody and alimony cases solicit the legal support of an experienced lawyer in China, therefore, do not hesitate to get in touch with our team and find out more details in this matter.
If you need to know further details about this subject or you need legal representation, our law firm in China can help you with legal advice. Please contact our lawyers in China, who can offer you support in various areas of legal cases, including child support and child custody.