What is support level and methods for divorce case ???

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Question:

“Dear Dragon Law, prestigious law firm in Vietnam in marriage and family, I am in the process of divorce with my wife. We have one child at the age of two. My wife asked me to pay child support monthly 6 million VND. I am a soldier with income 8 million VND a month. Can Dragon Law tell me, how is support level for children and support methods under the law now? Thank you so much.”

Answer:

Dragon Law Firm, prestigious law firm in Vietnam, thank so much for your attention in our legal service in marriage and family.

For your question, we need more information about the address of your spouse, your wife's income, you and your wife's minimum monthly expenses so that we will have specific advice to help.

Based on your provided information, the support level will comply with the Article 116, Law on Marriage and Family 2014:

1. The support level shall be agreed upon by the person with the support obligation and the supported person or the latter’s guardian on the basis of the actual income and ability of the person with the support obligation and the essential needs of the supported person; if they fail to reach agreement, they may request a court to settle it.

2. When there is a plausible reason, the support level may change. The change of the support level shall be agreed upon by the parties; if they fail to reach agreement, they may request a court to settle it.

Thus, in case you can not agree on the level of support, the Court will resolve. Based on your actual income (8 million VND per month), your child support level of 6 million VND per month is not reasonable for your minimum costs. Furthermore, the care cost for children shall follow to the actual needs.

For the support method, the Article 107 of the above Law regulated:

Support may be provided on a monthly, quarterly, biannual, annual or one-off basis.

In case the person with the support obligation falls into a difficult financial circumstance, thus being unable to perform his/her support obligation, the parties may reach agreement to change the method of support or temporarily cease the support; if they fail to reach agreement, they may request a court to settle it.

Best law firm in Hanoi on marriage and family is willing to support at free legal advice hotline number: 1900.599.979.

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