The inability to actually support is different from whether to pay alimony. The payment of alimony is based on the relationship between parents and children, so even a mentally ill person has to pay for child support. Specific operations can be deducted from their income, and for a party with no economic income, its property can be used to offset the child rearing expenses.
Intermittent mental patient is a person with civil capacity when he does not develop an illness and needs to bear support; a mental patient who cannot recognize his behavior is a person without civil capacity and does not need to bear maintenance. Even if the maintenance is borne , the amount is related to affordability.
Article 13 of the General Principles of the Civil Law of the People s Republic of China Mental patients who cannot cannot recognize their behavior are persons with no capacity for civil conduct, and their legal agents are responsible for civil activities. Mental patients who cannot fully identify their behavior are persons with limited capacity for civil conduct, He can carry out civil activities suitable for his mental health; other civil activities are represented by his legal agent, or the consent of his legal agent is obtained. .
1. The amount of child rearing fees can be determined according to the actual needs of the children, the affordability of both parents, and the actual local living standards. Where there is a fixed income, the childcare fee is generally paid at a rate of 20-30% of its monthly gross income. If the burden is on two or more children, the proportion may be increased appropriately, but generally it shall not exceed 50% of the total monthly income. If there is no fixed income, the amount of childcare expenses can be determined based on the total income of the year or the average income of the same industry, with reference to the above ratio. In special cases, the above ratio can be appropriately increased or decreased.
1. If there is a fixed income, the amount of maintenance can generally be 20% -30% of the income. If the burden is on two or more children, the proportion can be increased appropriately, but generally it should not exceed 50% of the monthly income. Here, total wages should include wages, more fixed bonuses, etc. (The total amount cannot be determined solely by the amount of the payroll. For those who make false or concealed reports, the other party can apply for court investigation to determine the amount.)
2. If there is no fixed income, the number of childcare fees may be based on the income of the year or the average annual income of the same industry, and the proportion is the same as the first point. (This point is mostly based on the annual average person s income and annual average cost of living determined by the Reference Standards for Road Traffic Accident Compensation Projects issued by the provincial and municipal traffic police departments.
3. For special circumstances, such as private business owners, children with disabilities, due consideration should be given to increase or decrease; the actual needs of children should be used as a guideline.
The maintenance fee shall be composed of the child s living expenses, education expenses, medical expenses and other expenses. In concrete practice, the following aspects must be considered when determining child support:
How to support the mentally ill? If the mentally ill does not have the ability to take care of themselves, it is natural that he cannot bear the obligation to raise children.