Study On The Payment Of Child Support After Divorce

The number of cases involving divorce maintenance disputes in China has remained high over the past five years,rising for four consecutive years from 2016 to2019,reaching 54,826 cases in 2019.Behind a large number of cases is the collapse of the tens of thousands of families,child support payment problems related to the growth of the minor children in the future environment,level of education and life happiness,explore scientific payment standard,the change in the specific situation,clear the second child to pay duty main body,and to strengthen child support enforcement is of great significance to protect children’s rights.Based on the thinking of the practical legal issues,the author wrote this paper,which is composed of three parts: introduction,body and conclusion.The body is divided into four chapters,including the following contents:The first chapter intends to explore the legal basis and theoretical support of parents’ payment of child maintenance.Starting from the concept of child maintenance,the author discusses from the perspective of the principle of maximum interests of children and the theory of parental rights,and combs the legislative evolution and current provisions of the maintenance fee in China.To find out the deficiencies of the existing regulations and try to explore the necessity and legitimacy of parents’ payment of maintenance fees from multiple dimensions.The second chapter points out the problem of maintenance payment through the combination of data analysis and typical cases.Firstly,the number of cases in recent years was counted and the characteristics of maintenance cases were analyzed.Secondly,four problems related to maintenance payments were proposed in the form of enumerating typical cases.Finally,the reasons for the problems were analyzed after each problem was proposed.The third chapter introduces the methods to deal with the maintenance payment of minor children after their parents’ divorce.The author has studied the relevant systems of Japan,Australia and the United States,and elaborated the enlightenment of foreign experience to China by analyzing the practices of foreign countries and combining with China’s national conditions.The fourth chapter designs corresponding solutions to the four problems proposed in the second chapter.On the basis of establishing the principle of the greatest interests of children and perfecting the construction of juvenile trial court,the first is to design scientific maintenance standard and the calculator of official on-line maintenance cost estimation;The second is to clarify the specific circumstances of changing the maintenance fee;The third is to determine the subject of the obligation to pay the maintenance fee in the case of the second child and unify the judicial practice;Finally,through the establishment of the system of finding the obligor and the establishment of guarantee to carry out the compulsory implementation of the maintenance fee.