An Empirical Study On The Burden Of Child Support In Divorce Cases

For minor children in divorced families,child support is an important source of living.The full protection of child support is not only related to their material needs,but also an emotional reflection of their parental care.Especially in recent years,as the divorce rate continues to increase,the number of divorce cases involving minor child support has increased,and the contradiction between the husband and wife on child support is also more prominent.There are various factors influencing child support in real life,which has caused difficulties in determining the specific amount of child support.Furthermore,the relevant laws and regulations concerning child support in China have a long history.Although these contents are reasonable,their operability is not strong.Therefore,this article hopes to analyze the practice of child support in divorce cases,so as to clarify the problems in determining child support,and then propose solutions.In addition to the introduction and conclusion,the main body of this article consists of the following four parts:The first part is about the basic theoretical analysis of the child support system.First of all,this part mainly discusses the function of child support,explains the theoretical basis of child support payment,andreveals the purpose and necessity of legislation on child support.Secondly,this article expounds the current state of legislation on child support in China,and summarizes the legal provisions that directly or indirectly provide for child support,thereby laying the foundation for the following argument.The second part is the inspection of the trial of child support in divorce cases in China.Based on sample surveys and empirical analysis,this part has conducted empirical investigations on divorce cases involving minor child support in China in the past five years.Starting from the meaning,treatment,standards and judgment results of child support,this article understands the judgment status of minor child support.It can be seen from the sample that the wording and specific meanings of child support in China are still different,and there are cases where the child support has not been judged for various reasons.At the same time,the standard of child support is not uniform,and the judgment results also have the disadvantages of being difficult to adapt to changes in living needs and difficult to enforce.The third part is about the investigation and analysis of the child support system in extraterritorial legislation.This part compares and analyzes the current status of the child support system legislation in the United States,the United Kingdom,Australia,Germany and France,and studies the similarities and differences of the child support system outsidethe country,with a view to providing useful experience for the improvement of China's child support system.The fourth part is the analysis of the determination of minor child support in divorce cases in China.On the basis of the foregoing discussion,drawing on foreign legislative experience and combining the problems existing in China's current judicial practice,we propose legislative suggestions to improve our child support system based on the actual needs of our society.Clarifying the principle of child support trial is a prerequisite for safeguarding the interests of minor children.Proceeding from the principle of maximizing the interests of children,and substantially reviewing the agreement on exemption of child support,the judge's discretion in deciding the child support can be regulated.To realize the protection of the interests of minor children,it is not only necessary to unify the terminology and connotation,but also to ensure operability and enforceability by clarifying income scope,reference standards,and the proportion,duration and method of child support payments.