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How to judge children under one year old？
Time:2025-08-28 Views:1165
1、 How to judge children under one year old?
According to Article 1 of the "Opinions on the Care of Divorced Children", children under the age of two generally live with their mother. If the mother has any of the following situations, she can also live with the father:
(1) Children who suffer from infectious diseases or other serious illnesses that have not been cured for a long time and are not suitable to live with them;
(2) If there are conditions for raising children but the obligation to raise them is not fulfilled, and the father requests that the children live with them;
(3) Due to other reasons, children are unable to live with their mother.
Article 2 of the "Opinions on the Care of Divorced Children" stipulates: "If both parents agree that their children under the age of two will live with their father and have no adverse effects on their healthy growth, they may be allowed to do so
2、 What is the standard for child support?
The payment standard for not directly supporting one party should be 20% -30% of the total monthly income for those with fixed income; The burden of supporting two or more children generally does not exceed 50% of the total monthly income. For those without fixed income, the amount of child rearing allowance can be determined based on the total income of the year or the average income of the same industry, with reference to the above ratio. Of course, if there are special circumstances, the payment ratio can be adjusted appropriately. If one party has no economic income or is missing, their property can be used to offset the child rearing expenses.
Article 7 of the "Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases" stipulates that the amount of child support fees can be determined based on the actual needs of the children, the affordability of both parents, and the actual living standards in the local area.
1. Having a fixed income. According to a ratio of 20-30% of monthly total income, for first tier cities such as Beijing, Shanghai, Guangzhou, and Shenzhen, the specific amount should be controlled at 800-2000 yuan/month. For those who bear the cost of raising two or more children, the proportion can be appropriately increased, but generally not exceeding 50% of the total monthly income.
2. For high-income individuals. According to the above ratio, if the amount is higher than the above range, it can exceed the above range. Unless there are special circumstances, it generally does not exceed 3000 yuan/month.
3. For low-income individuals. If the above ratio is lower than the above range, and there are many other assets, the judgment may be made according to the above range instead of the above ratio to safeguard the legitimate rights and interests of the children; If there is little or no property, based on the caregiver's ability to support, the judgment may not be based on the above ratio but lower than the above range to ensure the minimum living standard of the children.
4. For those without income. Their property can be used to offset child support expenses. If one has the ability to work, in principle, they should pay child support. As raising children is the obligation of parents, their obligations cannot be exempted due to temporary lack of income, and the minimum living standard of children should be guaranteed.
5. For special circumstances such as children falling seriously ill or studying abroad (with the consent of both parties), the judgment may exceed the above range.
3、 What is the payment deadline for child rearing expenses?
The payment period for child rearing allowance is generally until the child reaches the age of 18. But there are two exceptions.
Firstly, if the child is over 16 years old but under 18 years old, and their main source of livelihood is their labor income, and they are able to maintain the general living standards in the local area, their parents may stop paying child rearing expenses.
Secondly, if adult children who have not yet lived independently have any of the following situations and their parents have the ability to pay, they should still bear the necessary child rearing expenses:
1. Those who have lost their ability to work or whose income is insufficient to sustain their livelihood, even though they have not completely lost their ability to work.
2. Still enrolled in school.
3. Without the ability to live independently.
Child support does not only refer to living expenses. Article 21 of Interpretation (1) of the Marriage Law clearly stipulates that "child support" includes three items, namely living expenses, education expenses, and medical expenses. Therefore, in divorce, in addition to living expenses, education and medical expenses should be fully considered, and a higher proportion should be sought within the standard range of child support (20-30% ratio).
The above is the relevant content collected by the editor of Fanneng Law Firm on how to judge children under one year old. We can understand that children under the age of two generally live with their mothers. If there are any of the above situations, you can also live with your father. There are certain standards for child rearing, but they may also vary depending on the situation. If one party has no economic income or is missing, their property can be used to offset the child rearing expenses. If you have any other questions, please feel free to consult a lawyer from Fanneng Law Firm. Sichuan Faneng Law Firm is dedicated to serving you.