After divorce, issues often cause conflicts, and disputes between parties are who is obligated to support the child and how much support is appropriate. Knowing those things, LP&P sends you the article Legal regulations on child support obligations after divorce, this article will analyze more deeply about the above issue.

Legal provisions on child support obligations after divorce

Which subjects are eligible for support?

According to Article 110 of the Law on Marriage and Family 2014 on support obligation of parents toward children:

“Parents who do not live with their children or live with their children but violate the support obligation have an obligation to support minor children and adult children who have no working capacity and no property to support themselves”.

According to Clause 1, Article 21 of the Civil Code 2015, Minors are persons under eighteen years of age. Accordingly, if after the divorce there is an agreement that one party directly raises the child, the other party has the obligation to support the child under 18 years old or the adult child without working capacity and no property to feed himself.

Regulations on the level of alimony according to the law

According to Article 116 of the Law on Marriage and Family 2014, the level of support is as follows:

• The support level shall be agreed upon by the person with the support obligation and the supported person or the latter’s guardian on the basis of the actual income and ability of the person with the support obligation and the essential needs of the supported person; if they fail to reach an agreement, they may request a court to settle it.
• When there is a plausible reason, the support level may change. The change of the support level shall be agreed upon by the parties; if they fail to reach an agreement, they may request a court to settle it.

In fact, the law does not stipulate the minimum or maximum amount of support that a parent must provide for a child. The determination of alimony depends on the agreement of the parties and also depends on many factors such as income, and actual financial capacity of the person with the support obligation. If no agreement is reached, the decision will be made by the Court.

This problem has many problems now because in reality there is no specific regulation to determine the minimum amount of support that the person with the support obligation needs to pay.

Example: According to Case Law No. 62/2023/AL, the judgment of the Court in Section 2 says “The first instance court forced Mr. C to have child support obligations of VND 1,500,000 per month”.

In the actual situation, there are many judgments, and the level of support given is quite low, even some judgments have declared that the level of support is not enough to cover child care. Therefore, the legislator is having a new draft on this issue and will soon have an appropriate solution.

Rules for handling child support claims after divorce

Rules for handling child support claims after divorce

• Pursuant to Article 5 of the Civil Procedure Code 2015, the principle of settlement, in this case, is based on the self-determination of the parties to decide. The parties are free to agree voluntarily on matters related to the child support claim and the Court must respect that agreement.
• When the involved parties cannot reach an agreement or decide on their own, the Court will consider and settle the matter.