1. The actual needs of the child.
Disputes often arise between parents regarding what constitutes the child’s actual needs. For example, disagreements may occur over whether the child should attend expensive extracurricular training programs or enroll in a high-tuition international school.
2. The financial capacity of both parents.
3. The local standard of living.
If the minor child resides in China, the local standard of living is generally easier for the court to assess. However, if the child lives abroad, proving the local cost of living to a Chinese court can be considerably more complex from an evidentiary perspective.
In general, after a divorce, the parent who does not live with the child is responsible for paying child support. The amount may be determined with reference to the following guidelines:
Where the paying parent has a fixed income, the amount of child support is typically calculated at 20%–30% of their monthly total income.
If the parent supports two or more children, the percentage may be increased appropriately, but it generally should not exceed 50% of the monthly income.
Here, “monthly total income” refers to the parent’s gross income, including salary, bonuses, and other earnings.
Where the paying parent does not have a fixed income, the amount of child support may be determined based on their annual income for the relevant year or the average annual income within the same industry, using the same principles applicable to those with fixed income.
In special circumstances, such as when the child suffers from a serious long-term illness or has a disability, the amount of child support may be appropriately increased.
It should be noted that the above percentages serve only as reference guidelines. In practice, individual cases vary significantly. For example, in some cases, a paying parents earned only RMB 3,000 per month, while others earned RMB 100,000 per month. If the above percentages were applied mechanically, the resulting amounts could differ dramatically. Therefore, the final determination of child support must also take into account the child’s actual needs and the local standard of living, among other relevant factors.
By David Gao, international family lawyer in Beijing.
Tel: 86- 13611158067
Email: gaohexin@163.com
