How should the child care fee in the divorce agreement be agreed?

Today, this lawyer helped a lady who was preparing to divorce with the man to modify her divorce agreement. The more prominent problem is the agreement on the support of children. Below, this divorce lawyer made an analysis of this issue.

The lady and the man had been separated for half a year due to the breakdown of the husband and wife. Their children are currently three years old and have been raised by the lady. Therefore, in the case of the premise of the child's support for the child's support after the divorce, the agreement made in the divorce agreement was: 1. Children's support; 2. Other fees shall be borne by the man.

Regarding the above agreement, the lawyer believes that it is not appropriate because: First, the child support fees stipulated in the marriage law mainly include three items: living expenses, education and medical expenses. The first item of the divorce agreement has already clarified that the 25 % of the after -tax income paid by the man is the child support fee, so the fee has contained all the children needed, so it is called in item 2. In fact, other expenses have no legal basis and unclear conventions that are unclear. The man is likely to pay all the support fees in accordance with the agreement of item 1 and refuse to perform the second agreement. 2. Regarding the "twenty -fifty percent of the income after tax" in item 1, it seems that it can be determined by calculation, but in fact, after the divorce of the two parties, the woman must not be able to master the real income of the man at any time. Although the man's tax record can be investigated, it is also true that the tax record cannot reflect the real income of the taxpayer. Therefore, this agreement is not operable and it is difficult to execute.

Through inquiries, this marriage lawyer found that the lady's original intention of the above agreement is: 1. The child's living expenses are paid by 25 % in accordance with the actual income after tax; 2. Education and medical expenses are based on the child's actual expenses. The man is half a burden.

According to the lady's original intention, combined with the current actual income level of the man, the lawyer revised the agreed fee of the child's support for the child: 1. The man paid the child's living expenses for 3,000 yuan monthly; By the bill with the bills, the man should be borne by half. This agrees that the amount and payment basis that the man needs to pay after divorce becomes clearly operable. Moreover, if men's income and children's living expenses increase in the future, the lady can also ask for increasing the amount of living expenses. As for medical expenses and education, since the two parties agreed to borne by the bill, how much it should be buried should be buried. As long as the actual amount should not be too much, they will be supported by legal support.

Copyright is a Beijing marriage lawyer, welcome to consult with marriage lawyers, Beijing divorce lawyer-Beijing's most professional divorce lawyer http://www.bjlihun.com

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