The Study On Maintenance Of Children After The Divorce

Maintenance is a solid material base for children after their parents' divorce, which plays an important in the maintenance system. Introducing a scientific and rational maintenance system is the objective needs of legal practice. At present, the current family law in China adopts the percentage mode in deciding the amount of maintenance and there is not a clear standard of minimum maintenance. On the alteration of maintenance, the existing legislation takes it as only the increase style but plays rare attention to the decrease style, and doesn't sum up all the reasons of alteration. In China, it's a great difficulty in enforcing maintenance, which should be attributed to several reasons, including the population mobility, the relating persons' economic difficulties, the revenue system and the shortcoming of the Marriage Law. As for above shortcomings, we should try to set up the concept of "the giving priority principle to the best interests of the child" in the legislative idea and reform the relating system.The thesis is divided into three parts including preface, body, conclusion. The body includes three chapters.The first chapter gives an general account of maintenance after divorce. Beginning with the concept "maintenance", this chapter first indicates the characteristics of maintenance as the cost of child support, then analyzes the role of maintenance in children supporting system. And last involves the challenges met by the maintenance system and some evident problems of the maintenance system itself.The second chapter discusses the burden problem of maintenance. Comparing with American's three maintenance determining modes, this chapter points out that China's maintenance system lacks a minimum standard of living. Furthermore, it analyzes the legislative value of Maintenance Alteration, and states that the present system of Maintenance Alteration doesn't take the faults of the person who has the rights into consideration. Last it analyzes the difficulty in enforcing maintenance of Maintenance Payment system and sums up the reason for the implementation difficulty.The third chapter, directed for the problems discussed in the second chapter, deal with the countermeasures to improve the current maintenance system, such as setting up "the giving priority principle to the best interests of the child", reforming the percentage mode in determining maintenance ,providing the standards of minimum maintenance, establishing the alteration style, categorizing the alteration reasons, increasing the public relief efforts and establishing the security system for maintenance.