The responsibility for child support for people who do not directly raise children after divorce

Lawyer Ho Thu Trang, YouMe Law Firm LLC, replied:

Clause 2, Article 82 of the 2014 Law on Marriage and Family stipulates the obligations and rights of parents who do not directly raise children after divorce as follows:

2. Fathers and mothers who do not directly raise their children are obliged to provide for them.

Article 7 of Resolution No. 01/2024/NQ-HDTP dated May 16, 2024 of the Council of Judges of the Supreme People's Court stipulates the obligation to provide child support as prescribed in Clause 2, Article 82 of the Law on Marriage and Family 2014 as follows:

1. In case the person who directly raises the child does not request the person who does not directly raise the child for child support, the Court will explain to them that the request for child support is to protect the legitimate rights and interests of the child. If the person directly raising the child is found to have the ability and conditions for raising the child and that they do not request child support as voluntary, the Court will not force the other party to provide child support.

2. child support is the entire cost of raising and studying the child and is agreed upon by both parties. In case the parties cannot reach an agreement, the Court will decide on the allowance level based on the income, actual capacity of the person undergoing the allowance obligation and the essential needs of the person being provided. The level of allowance is decided by the Court but not lower than half of the regional minimum monthly salary at the place where the caregiver is residing for each month for each child.

3. In case the parties cannot agree on the method of support, the Court shall decide on the monthly support method or another method suitable to the needs, interests of the child and the economic conditions of the caregiver.

4. The responsibility of the father and mother in providing child support for minors and children who are past the age of majority who are unable to work and do not have assets to support themselves arises from the time the father and mother do not live with the child or live with the child but violate the responsibility of raising the child, unless the parties have another agreement.

Thus, after divorce, the person who does not directly raise the child is obliged to provide child support according to the above regulations.