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From time to time, we receive inquiries from our subscribers: “I am discussing divorce with my wife now…I wonder how much alimony I have to pay if we get divorced?”
The reply probably is a relief to most of them: technically, you don’t have to pay alimony to your ex, according to the Marriage Law of the PRC.
* Cost of upbringing for children
Of course, if the children are living with your ex, you are supposed to pay the cost of upbringing. Cost of upbringing refers to the expenses for children's living, education, medical care, etc.

Related legal provisions:
The Civil Code of the PRC
Article 1085        If, after divorce, the children are directly put in the custody of one party, the other party shall bear part or the whole of the cost of maintenance. The two parties shall seek agreement regarding the amount and duration of such payment. If they fail to reach an agreement, the people's court shall make a judgment.
The agreement or judgment specified in the preceding paragraph shall not prevent the child from making a reasonable request, when necessary, to either parent for an amount exceeding what is decided upon in the said agreement or judgment.

Interpretation of the Supreme People's Court on the Application of Marriage and Family Part of the Civil Code of the People's Republic of China (I)
Article 42        The term "child support" as mentioned in Article 1067 of the Civil Code shall include expenses for children's living, education, medical care, etc.
Article 49      The amount of child support shall be determined according to the actual needs of the child, the affordability of both parents and the actual local living standards.
For a parent with a fixed income, the child support may generally be paid at the proportion of 20% to 30% of his/her monthly gross income. If the parent bears the expenses for bringing up two or more children, the proportion may be raised appropriately, but it shall not exceed 50% of the parent's total monthly income in general.
For a parent with no fixed income, the amount of child support may be determined according to the total income in the current year or the average income in the same industry with reference to the said proportion.
Under special circumstances, the said proportion may be raised or lowered appropriately.

* Two exceptions
However, if the ex has shared more obligation in bringing up the kid, taking care of the elderly etc., then the ex may ask for financial compensation. Or, if the ex is suffering financial difficulty, then the other party are supposed to provide reasonable assistance. But the law didn’t provide furtherly regarding how to proceed.

Related legal provisions:
The Civil Code of the PRC
Article 1088        Where one party of a couple bears comparatively more obligations for bringing up a child, taking care of the elderly or assisting the other party in work, it shall, at the time of divorce, have the right to request the other party to make compensation for the above, and the other party shall do so accordingly. Specific arrangements shall be made by both parties through consultation. If they fail to reach an agreement, the people's court shall make a judgment.
Article 1090        Where, at the time of divorce, one party has difficulty in supporting himself or herself, the other party with affordability shall render appropriate assistance. Specific arrangements shall be made by both parties through consultation. If they fail to reach an agreement, the people's court shall make a judgment.

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