Research On The Practice Of Child Support

China's Marriage Law stipulates that parents have the obligation to raise their children,and the payment of maintenance is the form and important way for parents to fulfill their maintenance obligations.Maintenance is also an important economic source for children and a solid foundation for their healthy growth.According to the relevant data,the number of children of divorced families in China is already a very large number,if the minor children of divorced families lack adequate living security,some people may embark on the path of illegal crime,which affects the entire social order.Therefore,in order to meet the needs of children for maintenance and ensure their basic life,it is necessary to improve the relevant system of maintenance,which is of practical significance to protect the interests of minor children.However,due to the long-standing laws and regulations related to maintenance in our country,the shortcomings and disadvantages of the maintenance system are increasingly displayed in the face of the rapidly changing society.This paper mainly studies the dispute stakes related to the payment of minor child support in our judicial practice,and tries to learn from the relevant provisions of foreign countries and seek the way to solve it,so as to help the perfection and application of the system of minor child support after divorce in China.The article is divided into four parts: the first part is the legislation and judicial status of the support for minor children.The author summarizes the relevant legal provisions,judicial interpretation and guidance of the supreme law which are currently involved in maintenance in our country.At the same time,we also combthrough the jurisprudence of our country's judicial practice on the dispute of minor child support after divorce,and summarize some problems and disputes in the current judicial practice of our country on the dispute over the maintenance of minor children after divorce.The second part is the main analysis of the maintenance claim.In the absence of a divorce agreement,the right to maintenance is to belong to minor children or adult children who do not have the capacity to live independently.If some legal guardians in a maintenance case sue in their own name,they should be judged comprehensively according to the divorce agreement and involve changing the contents of the divorce agreement on maintenance,then the dependent shall file a lawsuit,otherwise the court will not accept or dismiss the claim.The third part is the scope and amount of maintenance.The scope of maintenance should cover living expenses,education expenses,medical expenses and compensation costs for certain hidden costs.On this basis,the specific amount of maintenance is further clarified.For some children with better family economic environment,to meet the basic living needs of the conditions,can be appropriately recognized high maintenance,so that the standard of living of minor children can be maintained with parents at the same level,which is the embodiment of the "symbiosis" obligation of parents and children.The fourth part is the validity of the maintenance agreement.China can learn from foreign experience,strengthen the court's substantive review of the maintenance agreement,and correctly exercise discretion,reasonably determine the amount of maintenance,the court should not support the provisions of the divorce agreement that obviously despise the minor children,and require the two sides to re-engage in the agreement.In addition,the nature of maintenance,maintenance and the relationship between the husband and wife's shared property,in addition,can better solve the "maintenance obligation" and "husband and wife property rights" conflict,reduce judicial uncertainty,safeguard the rights and interests of the parties.The conclusion will be a step into this paper.