After a divorce, child support is one of the critical obligations that parents must fulfill to ensure the best interests of their children. According to the 2014 Law on Marriage and Family, the non-custodial parent is obligated to provide support for the child until they reach the age prescribed by law. Below, Kim Bang Law Firm will provide a detailed analysis of the relevant regulations.

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1. Legal Basis

• The 2014 Law on Marriage and Family, specifically Articles 81, 82, 83, and 110 – 118.
• The 2015 Civil Code (provisions related to support obligations).
• Decree No. 62/2015/ND-CP on the enforcement of civil judgments (cases involving compulsory enforcement of support obligations).

2. Entities Subject to Support Obligations

• Obligor (The person with support obligations): The father or mother who does not directly raise the child after a divorce.
• Obligee (The person receiving support): Minor children (under 18 years old) or adult children who lack the capacity to work (due to disabilities, loss of civil act capacity, etc.) and have no assets to support themselves.
• Note: The support obligation does not depend on whether the parent is single or has remarried.

3. Support Levels

The law does not prescribe a fixed amount; instead, it is agreed upon by both parties based on the financial capacity of the obligor and the needs of the child.

If an agreement cannot be reached, the Court will decide based on the following factors:

• The income and financial capacity of the parent.
• The child’s costs for upbringing and education.
• Actual living conditions.
• In practice, support levels usually range from 2 – 5 million VND/month depending on the region and the child’s living standards.

4. Methods of Support

Support can be provided in various ways depending on the parties’ agreement or the Court’s decision:

• Periodic support: Monthly, quarterly, or annually (the most common).
• Lump-sum support: If the obligor has strong financial capacity and wishes to pay the entire amount at once.
• Support via assets: Such as transferring ownership of land, housing, savings books, etc.

5. Responsibilities of the Obligor

The obligor must properly and fully perform the obligation according to the agreement or the Court’s judgment.

If the obligation is not performed voluntarily, the custodial parent has the right to request the civil judgment enforcement agency to apply compulsory measures. Compulsory measures may include:

• Income deduction.
• Freezing of bank accounts.
• Distraint (seizure) of assets to satisfy the obligation.

6. Cases of Exemption from Support Obligations

The obligor may request an exemption or reduction of the support level in the following cases:

• Loss of work capacity or suffering from a terminal illness.
• Facing financial hardship (job loss, bankruptcy, etc.).
• The child has acquired their own assets or is being raised by another person.

7. Handling Non-Performance of Support Obligations

• Administrative Sanctions: According to Article 54 of Decree 144/2021/ND-CP, individuals who fail to provide support as per a Court decision may be fined from 5 – 10 million VND.
• Criminal Liability: In cases of intentional evasion of support obligations that cause serious consequences, the violator may be prosecuted under Article 186 of the 2015 Penal Code, with penalties ranging from non-custodial reform for up to 2 years or imprisonment for up to 2 years.

8. Frequently Asked Questions (FAQs)

• Can we agree on “no child support” after a divorce?
  • No, because the support obligation is mandatory by law to protect the best interests of the children.
• How long does child support last?
  • Until the child reaches 18 years of age, or if the child is disabled/lacks work capacity, until they can support themselves.
• Can a parent request a reduction in support if they lack financial capacity?
  • Yes, but they must provide evidence of financial hardship (unemployment certificates, medical records, etc.).

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CONCLUSION

• Child support obligations after divorce aim to ensure the best interests of the child.
• The non-custodial parent remains financially responsible.
• Failure to perform this obligation voluntarily may result in compulsory enforcement or legal action.

If you are facing issues regarding child support after divorce, contact Kim Bang Law Firm for detailed assistance!