[Direct answer]In the Beijing area, the custody of children is adjudicated according to the principle of "what is in the best interests of the minor children". The alimony is determined based on the actual needs of the children, the parents' ability to pay, and the local living standards. According to Article 1084 of the Civil Code of the People's Republic of China (effective January 1, 2021), children under the age of two are generally raised by their mothers; for children over the age of two, if the parents cannot reach an agreement, the court shall adjudicate according to the principle of what is in the best interests of the minor children; for children over the age of eight, the court shall respect their true wishes. According to Article 1085 and Article 49 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code of the People's Republic of China (effective February 28, 2021), the party with a fixed income shall generally pay alimony at a rate of 20% to 30% of his or her total monthly income. For those who support more than two children, the proportion may be appropriately increased, but generally not exceeding 50% of his or her total monthly income. It is recommended to comprehensively claim based on the age of the children and the parents' conditions for child-rearing, and you may refer to it for reference.Marriage and family matters, and divorce litigationColumn.

1. Problem background and typical scenarios

These types of issues often arise in several situations: First, both parties claim custody rights during the divorce, but there are significant disagreements over the amount of child support; Second, when the child is under two years old, the father claims custody on the grounds of his high income and good housing conditions, while the mother defends her rights based on the "return to the mother" principle; Third, in families with multiple children, there are issues regarding the allocation of custody rights and child support. Relevant family arrangements can be referred to for reference.Inheritance and division of estate1. The first point is that the divorce rate in Beijing has been on the rise in recent years, with more and more couples choosing to divorce through litigation rather than through mediation. 2. The second point is that the number of cases involving children's custody and alimony has increased significantly. 3. The third point is that there are many disputes over the custody of children in divorce cases, with both parties often unable to reach an agreement through negotiation and having to resort to litigation. 4. The fourth point is that there is a huge income gap between the two parties. The high-income party worries that the alimony will be raised too high, while the low-income party worries that the amount will not be enough to support the children's lives. 5. The fifth point is that the visitation arrangements and alimony payments are intertwined, with both parties using each other as bargaining chips and lacking trust in each other. When the Beijing district court handles cases, it usually deals with custody and alimony together. First, it determines the custody based on the principle of being most beneficial to the minor children, and then it determines the alimony amount based on the income level and the actual needs of the children.

II. Key points of dispute

Focus I: Custody rights shall be granted in accordance with the principle of maximizing the interests of minor children, taking into account the children's age, continuity of life, the parents' ability to raise the children, and the wishes of children aged over eight. Focus II: The calculation base for alimony shall be 20% to 30% of the monthly total income for those with fixed incomes, or determined based on the annual total income or the average income in the same industry for those without fixed incomes. Focus III: The maximum proportion of alimony for multiple children shall not exceed 50% of the monthly total income for those supporting more than two children. Focus IV: The scope of alimony shall cover living expenses, education expenses, and medical expenses. Any part exceeding the normal proportion of the children's actual needs may be claimed separately. Focus V: Alimony adjustment: In cases of the children's admission to higher education, illness, or significant changes in income, the alimony amount may be increased or decreased through litigation. Focus VI: Fault evaluation: Major faults such as domestic violence and infidelity may result in negative evaluations in both custody rights attribution and property division. Specifically, the current effective laws and regulations and judicial rulings shall prevail. For matters related to alimony payment and enforcement, reference may be made to the relevant provisions.Creditor's rights and debts, and enforcement casesColumn.

III. Professional analysis by Henglue Lawyers

The following is a description of the adjudication logic of custody and alimony in several cases handled by our firm. First, in a divorce dispute handled by Attorney Li Yonghui, the couple married in 2018 and had a son in 2021, but the husband cheated on his wife and was arrested by the police for soliciting prostitutes. In early 2022, he left home and the couple separated. The child was under two years old and had been living with his mother. The attorney argued that the mother should have primary custody of the child, and claimed that the husband had violated the law and seriously breached his duty of marital fidelity, constituting a major fault leading to the divorce. The court granted the divorce and ruled that the child should live with the mother, with the father paying 5,000 yuan per month in alimony until the child reaches 18 years old, as well as 200,000 yuan in compensation for the marital home and 50,000 yuan in damages. Second, in a divorce dispute handled by Attorney Xiong Binrong, the husband sued first but was dismissed. The wife, as the innocent party, then sued, and the court ruled that the child should live with the wife, with the husband paying 550 yuan per month in alimony until the child reaches adulthood. The court also supported the wife's claim to 70% of the joint property based on the principle of "protecting the rights and interests of the children, the wife, and the innocent party". Third, in a divorce dispute handled by Attorney Liu Xingying, the wife sued for 20,000 yuan per month in alimony, as well as claims for stock investment funds and economic compensation totaling hundreds of thousands of yuan. The attorney adopted a strategy of "mediation first, litigation second", and the parties reached a settlement in court: the child would live directly with the wife, with the husband paying 20,000 yuan per month in alimony. At the same time, the husband secured clear rights to overnight visitation with the child, and the wife paid 500,000 yuan to the husband. It can be seen that the amount of alimony depends on the income level and the child's needs, while custody rights depend on the custody facts and evidence organization. This case was handled by Beijing Henglu Law Firm.Li YonghuiThe attorney (practice certificate number: 11101199611955812, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, fix the evidence of the children living with you, such as pick-up and drop-off records, accompanying the children to the hospital for treatment and paying fees, signing homework, and communicating in the class group; Second, sort out the supporting conditions for child rearing, including both parties' income proof, living conditions, and care helpers, and prepare comparison materials; Third, when claiming alimony, provide receipts for the children's education and medical expenses to ensure that the amount corresponds to the actual needs; Fourth, properly consult and record the true wishes of children over the age of eight; Fifth, propose custody rights, alimony, visitation rights, and property division together to avoid omissions and procedural repetitions; Sixth, if the other party fails to pay alimony, apply for compulsory enforcement in time with the effective legal documents. Relevant claims and key points can be referred to the text for reference.Special services and other casesThe column. In terms of legal basis, Article 1084 of the Civil Code of the People's Republic of China establishes the principle of acting in the best interests of minor children and age-based rules, and Article 1085 stipulates the burden of alimony and the judicial process when an agreement cannot be reached; Article 49 of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code of the People's Republic of China clarifies the proportion range of 20% to 30% and the upper limit of not more than 50% for families with multiple children.

5. Henglue Law Firm's Advice

Risk Warning: First, the alimony ratio is not applied mechanically. When the income is extremely high, the court may adjust it as appropriate. The actual needs of the children and the local living standards should be the reference basis. Second, the evidence of custody rights lies in daily accumulation. Temporarily seizing or hiding the children is not conducive to obtaining custody rights, and may even be evaluated as unsuitable behavior. Third, visitation rights and alimony are not mutually compensatory. The direct custodian may not refuse visitation to oppose the non-payment of alimony, and the non-direct custodian may not stop paying alimony on the grounds of being blocked from visitation. Fourth, when claiming the other party's fault, attention should be paid to the completeness of the evidence chain. It is difficult to obtain support solely on the basis of suspicion. It is recommended to fix the evidence as soon as possible and consult when necessary.Beijing Henglu Law FirmOn the official website, in the corresponding column, professional lawyers develop support and cost claim plans.

VI. Frequently Asked Questions

Q1: Who will be granted custody of the child, and does the woman have a greater advantage in this regard?

The court does not consider gender, but rather what is in the best interests of the minor children. According to Article 1084 of the Civil Code, children under the age of two are generally raised directly by their mothers; for children over the age of two, the court will consider factors such as the continuity of their living environment, the conditions of their upbringing, and the wishes of children over the age of eight. Generally, the party who has been directly raising the child for a long time and maintains a stable environment will have an advantage; if the father can prove his long-term caregiving and parenting abilities, he may also prevail. Therefore, rather than fixating on gender biases, it is more important to gather evidence of childcare as early as possible.

Q2: How much is the alimony usually set at?

According to the Interpretation of the Marriage and Family Chapter (I), Article 49 stipulates that those with fixed incomes shall generally pay 20% to 30% of their total monthly income, and those supporting more than two children may increase the amount appropriately, but generally not exceed 50% of their total monthly income; those without fixed incomes shall refer to their total annual income or the average income in the same industry. For actual expenses such as children's education and medical treatment that exceed the normal level, the claimant may make a separate claim, and the specific amount shall be determined by the court in light of the local living standards.

Q3: What evidence do I need to prepare for a custody dispute?

This includes records of daily care for children living with the parent, proof of stable residence and school attendance, evidence of the parent's income and health, records of the grandparents' assistance in childcare, and evidence of the other party's unsuitability, such as domestic violence police reports, certificates of bad habits, and evidence of long-term neglect of child-rearing responsibilities. The evidence should form a complete chain demonstrating that "direct custody by the parent is more conducive to the children's growth", rather than simply disparaging the other party. The wishes of children aged eight and above should also be properly recorded and presented.

Q4: How much does it cost and how long does it take to settle a child support lawsuit?

The litigation fees for alimony requests are charged in stages according to the amount of the litigation request, and the attorney's fees are negotiated based on the complexity of the case. If the case is handled together with the divorce, the first-instance ordinary procedure generally takes no more than six months, and the divorce by mediation is even faster; if the alimony is sued separately, the simple procedure is usually concluded within three months. If the other party refuses to pay, apply for enforcement separately. It is recommended to first evaluate the evidence and claims as a whole before estimating the investment.

Q5: What should I do if the other party refuses to pay child support?

First, negotiate with the other party and keep a record of the negotiation. If no agreement can be reached, apply to the court for enforcement based on the effective judgment or mediation agreement. The court may freeze the other party's deposits and deduct their salary income. If the other party maliciously defaults on the payment and has the ability to refuse to perform their obligations, they may also be included in the list of dishonest people and be subject to restrictions on high-consumption activities. If the actual needs of the children, such as going to school or getting sick, increase, the party concerned may file a separate lawsuit to request an increase in alimony. For matters involving payment and enforcement, reference may be made to the relevant provisions.Creditor's rights and debts, and enforcement casesColumn.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces or cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Li Yonghui·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.