Viewpoint | Collation and Analysis of Practical Key Points in Child Support Disputes

According to judicial practice, child support disputes can be mainly summarized into the following types. Although the legal circumstances involved in each type differ, all are based on the parents' statutory obligation to support their children:

This is the most common type. After parents divorce, the parent who does not directly raise the child should bear the child support obligation according to the divorce agreement or court judgment. If they fail to pay child support as agreed or ordered, or if there is a dispute over the amount or method of payment, a dispute arises. Such disputes are directly handled based on Article 1085 of the Civil Code regarding the burden of child support after divorce. For example, in case (2023) 琼02民终3334号, the couple had agreed on the method of child support payment in their divorce agreement, but the party obligated to pay child support failed to fulfill the obligation. The court ultimately determined that they had a statutory child support obligation and ordered them to pay child support.

After parents change child custody (e.g., the child is now raised by the other party) after divorce, the originally agreed child support obligation needs to be adjusted. If the original child support obligor stops paying due to the change in custody, or if the new child support standard is not clear, disputes will also arise. In such cases, the court will re-determine the child support amount based on the altered custody arrangement. In principle, the new division of obligations will still be determined according to Article 1085 of the Civil Code, considering the child's actual needs and both parties' ability to bear the burden before and after the change. For example, in case (2022) 鲁1722民初4673号, in the litigation for change of custody, the court dealt with both the new child support amount and the previously overdue child support.

Children born out of wedlock enjoy the same rights as children born in wedlock under the law. If a biological father or mother does not directly raise a child born out of wedlock, they should bear the child's support expenses according to law. Article 1071 of the Civil Code explicitly stipulates that the party who does not directly raise a child born out of wedlock must bear the child support expenses for minor children or children unable to live independently. A common situation in practice is when one party does not acknowledge the child born out of wedlock or refuses to fulfill their support obligation, and the other party or the minor child's legal guardian sues the other party for child support. For example, in case (2024) 黑01民终1839号, after paternity was confirmed through a DNA test, the court ordered the biological father to pay child support for the child born out of wedlock.

As children grow and objective circumstances change, the original child support amount may need to be adjusted. When the child's actual needs increase (e.g., due to illness, increased education costs), the obligor's financial capacity significantly strengthens, or the local living standard rises, the direct custodial parent or the child may request an increase in child support. Conversely, if the paying party's financial situation deteriorates or they lose their source of income, they may also request a reduction in the child support burden. According to Article 1085, Paragraph 2 of the Civil Code of the People's Republic of China, children have the right to make reasonable requests to either parent for an amount exceeding the original agreement or judgment when necessary, which provides a direct legal basis for the adjustment of child support. For example, in case (2015) 甘民申字第119号, due to rising prices and the child's growth needs, the court supported the plaintiff's request for an increase in child support. Of course, in judicial practice, there are also instances where the paying party applies for a reduction in child support, but the party applying for a reduction needs to prove a significant change in their financial situation and still ensure the best interests of the minor child.

This type specifically refers to cases where the party obligated to pay child support has consistently failed to do so on time, leading the direct caregiver or the child to sue for the outstanding child support. In such cases, courts typically calculate the total accumulated unpaid child support from the date determined by the judgment or agreement and require the obligor to pay it off in a lump sum or in installments within a specified period. It is important to note that child support differs from general debts; judicial practice usually does not support calculating interest on overdue child support. For example, in case (2024) Ji 1128 Minchu 967, the court ruled that the paying party must make up the overdue child support and also mediated the issue of visitation rights, but did not support the plaintiff's request for the defendant to pay interest on the overdue child support.

Even if parents have not yet divorced or separated, both parties have an obligation to support their children during the marriage. If one party is negligent in fulfilling this obligation, the other party (usually the one actually raising the child) or the minor child can lawfully sue to demand the payment of child support from the other party. Article 1067 of the Civil Code stipulates: "If parents fail to fulfill their obligation to support, minor children or adult children who are unable to live independently have the right to demand payment of child support from their parents." This covers situations where child support obligations are not fulfilled within marriage. For example, in case (2019) Lu 06 Minzhong 6467, the couple had not yet divorced, but the father had long failed to bear the children's expenses. After the mother advanced the payments, she sued for child support, and the court ultimately supported the minor children's request for the father to pay child support.

Regarding the method of child support payment, parents may have disputes over whether child support should be paid monthly, annually, or as a lump sum, leading to conflicts. Generally, the most common practice in real-world situations is regular payment of child support to ensure the child's continuous living needs. However, a lump sum payment is also permitted under specific conditions (e.g., the obligor has sufficient financial capacity, both parties agree, or in cases involving foreign elements), but such circumstances are, after all, rare. In most cases, such as in case (2021) Lu 01 Minzhong 385, one party requested a lump sum payment of child support, but the court deemed that regular monthly payments were more in the minor's interest and did not support the request for a lump sum payment.

This refers to disputes where one or both parents fail to fulfill their child support obligations for some reason, and grandparents, maternal grandparents, or other close relatives with the ability to support (such as elder siblings) actually raise the minor and advance child support expenses. Subsequently, these close relatives claim reimbursement for child support expenses from the minor's parents. Legally, if parents have the ability to provide support but fail to fulfill their obligation, close relatives who voluntarily assume the responsibility of raising the child have the right to claim reasonable child support expenses from the parents. Article 1074 of the Civil Code stipulates that grandparents and maternal grandparents with the capacity to support have an obligation to support their grandchildren or maternal grandchildren if the parents are unable to provide support. Although this article addresses situations where parents are unable to provide support, in judicial practice, for situations where parents neglect their child support obligations and grandparents provide care, courts often allow grandparents to act as plaintiffs and claim necessary child support expenses from the parents, based on principles of fairness and the best interests of the minor. For example, in case (2021) Xin 01 Minzhong 6112, the grandchild was actually raised by the paternal grandmother, who then sued the mother who failed to fulfill her child support obligation, requesting payment of child support. The court supported the grandmother's claim.

In addition to the main types of child support disputes covered above, various situations may interweave in specific cases. For example, changes in custody after many years of divorce may lead to new child support disputes, or children born out of wedlock may claim child support while establishing paternity. Regardless of the type, courts adhere to the principle of the minor's best interests during trials and take the parents' legally prescribed child support obligation as the fundamental starting point.

The handling of child support disputes involves multiple provisions of the Marriage and Family Section of the Civil Code of the People's Republic of China, as well as relevant judicial interpretations by the Supreme People's Court. The core legal bases are as follows:

Article 1067 of the Civil Code of the People's Republic of China: Parents' statutory obligation to support their children, and children's right to claim child support. This article explicitly states: "If parents fail to fulfill their obligation to support, minor children or adult children who are unable to live independently have the right to demand payment of child support from their parents." This provision clarifies the foundation for all child support disputes: regardless of whether the parents' marriage exists or whether the children are born in wedlock, as long as the parents fail to fulfill their child support obligation, the children have the right to lawfully demand child support. At the same time, the second paragraph of this article stipulates the obligation of adult children to support their parents; however, as this article focuses on child support for minor children, it will not elaborate on that aspect.

Article 1071 of the Civil Code of the People's Republic of China: Provisions for safeguarding the rights of children born out of wedlock. The first paragraph of this article stipulates that children born out of wedlock enjoy equal rights with children born in wedlock, prohibiting any form of harm or discrimination; the second paragraph further provides: "Biological fathers or mothers who do not directly raise children born out of wedlock shall bear the child support expenses for minor children or adult children who are unable to live independently." This provides a clear basis for children born out of wedlock to claim child support from biological fathers or mothers who have not fulfilled their obligations.

Article 1084 of the Civil Code of the People's Republic of China: Continuation of parent-child relationship after divorce and principles for custody allocation. This article first emphasizes: "The relationship between parents and children shall not be eliminated by the parents' divorce. After divorce... parents still have the rights and obligations to raise, educate, and protect their children." This ensures that even if parents divorce, their statutory obligation to support their children still exists and is not exempted by the dissolution of the marriage. In addition, Article 1084 also stipulates the general principles for the allocation of child custody after divorce: children under two years of age shall generally be raised by the mother; if children are two years old or older and the parties cannot reach an agreement, the court shall make a judgment based on the principle of the best interests of the minor; if children are eight years old or older, their true wishes should be respected. These custody rules also indirectly affect the determination of the party responsible for child support.

Article 1085 of the Civil Code of the People's Republic of China: Specific provisions on the burden of child support after divorce. This article establishes the principle: "After divorce, if a child is directly raised by one party, the other party shall bear part or all of the child support expenses." Regarding the amount and duration of child support, it shall first be decided by agreement between the parents, and if no agreement is reached, it shall be decided by the court. More importantly, the second paragraph of Article 1085 stipulates: previous agreements or judgments do not prevent the child from making reasonable requests to either parent for amounts exceeding the original sum when necessary. This provides a legal basis for children to request an increase in child support as needed, meaning that child support can be adjusted with changes in actual circumstances. Furthermore, this article provides connecting provisions for issues such as visitation rights in other articles (see Article 1086).

Article 42 of the Judicial Interpretation (I) on Marriage and Family Section: Definition of the scope of child support. This article clarifies: "child support" as referred to in Article 1067 of the Civil Code, includes expenses for children's living, education, medical care, and other costs. This interpretation clarifies the components of child support, providing a basis for courts to determine which expenses fall within child support. Children's food, clothing, housing, transportation, education, and necessary medical expenses are all included within the scope of child support.

Article 49 of the Judicial Interpretation (I) on Marriage and Family: Principles and reference standards for determining the amount of child support. This article stipulates: "The amount of child support can be determined based on the actual needs of the child, the financial capacity of both parents, and the actual local living standard." It further specifies: For those with a fixed income, child support can generally be paid at a proportion of 20%-30% of their total monthly income; for those supporting two or more children, the proportion can be appropriately increased, but generally not exceeding 50% of their total monthly income. For those without a fixed income, it can be determined based on their total annual income or the average income of the same industry, referencing the above proportions; in special circumstances, the proportion can be appropriately increased or decreased. This provides a unified standard for courts to determine child support amounts and is widely cited in judicial practice across various regions. In judicial practice, most courts mention the general proportion standard of 20% to 30% in their judgments.

Article 50 of the Judicial Interpretation (I) on Marriage and Family: Provisions on the method of child support payment: Child support should be paid periodically, and in some cases, a lump sum payment can be made. This provides direct legal guidance on monthly, annual, or one-time settlement of child support. Generally, periodic payment is the principle, but if the obligor has the financial ability to pay all child support in a lump sum, or if both parties agree on a lump sum payment in the divorce agreement and it does not violate the child's interests, the court may also support the lump sum payment method.

Article 51 of the Judicial Interpretation (I) on Marriage and Family: Provisions on child support payment in special circumstances: If one parent has no economic income or is missing, their property can be used to offset child support. This provides a way to protect children's rights in practice when one party is long-term unemployed, hides property, or is out of contact. The court may legally seize and dispose of the obligor's property to offset the outstanding child support.

Articles 16, 17, etc., of the Judicial Interpretation (II) on Marriage and Family: Relevant provisions also exist for other aspects of child support disputes, for example: An agreement in a divorce settlement where one party directly raises a minor child or an adult child who cannot live independently, and the other party does not bear child support, is legally binding on both parties. However, after divorce, if the economic situation of the party directly raising the child changes, leading to a significant decrease in their original living standard, or if there is a significant increase in the necessary and reasonable expenses for the child's life, education, medical care, etc., and the minor child or adult child who cannot live independently requests the other party to pay child support, the People's Court shall support it according to law, and determine the amount of child support by comprehensively considering the overall agreement in the divorce settlement, the child's actual needs, the other party's financial capacity, local living standards, and other factors.

The above-mentioned legal provisions and judicial interpretations constitute the basic framework for "adjudication according to law" in handling child support disputes, and also provide a basis for claims for relevant parties. This article will, under the guidance of these legal bases and combined with practical experience, sort out the practical key points of child support disputes.

The trial of child support dispute cases revolves around how to fairly and reasonably determine the amount of child support, ensure the smooth fulfillment of child support, and balance the interests of minors with the financial capacity of both parents. The following outlines common key issues in practice one by one:

Law and judicial practice have established the "three elements" for determining the amount of child support: the child's actual needs, the financial capacity of both parents, and the actual local living standard. Courts will comprehensively consider these three factors to determine the specific child support amount:

1. The child's actual needs

Basic expenses for a child's daily life, education, medical care, etc., are the anchor points for determining child support. For children with special circumstances (such as illness or attending special schools), additional reasonable expense needs should also be considered. In judicial practice, judges typically require child support to at least cover the child's food, clothing, housing, transportation, and compulsory education expenses. If the child has higher education expenses (such as private school tuition) or special training fees, it needs to be determined whether these expenses fall within the scope of reasonable necessity. For example, in case (2022) Jing Min Shen 195, the court considered kindergarten and interest class fees to assess the child's actual needs; additionally, in case (2019) Lu 06 Min Zhong 5825, due to the high tuition fees incurred by the child attending an international school, the court also considered this as a special factor when determining child support, and appropriately raised the child support payment standard.

2. Financial capacity of both parents

This is usually measured by the parents' income and property status. For parents with a fixed income, child support for one child can be determined by referring to 20%-30% of their total monthly income; for those supporting two or more children, the proportion can be appropriately increased, but generally not exceeding 50% of their income. For example, in case (2024) Hei 01 Min Zhong 1839, the court determined child support to be 1000 yuan/month based on the defendant's income. For those without a fixed income, it can be calculated based on their recent annual total income or the average income of the same industry, using the above proportions. In practice, if one party claims the other party's income is higher than their declared value, they need to provide evidence clues (such as bank statements, tax records, etc.) for the court to investigate; if one party conceals their true income and refuses to cooperate, the court may infer income based on their living standard. Conversely, if the obligor claims economic hardship and inability to bear a higher amount according to the standard, they also need to submit evidence such as poverty certificates or unemployment certificates, otherwise it will be difficult to be accepted. In summary, financial capacity must both ensure the child's rightful interests and prevent increasing the difficulty of fulfillment by exceeding the obligor's bearing capacity.

3. Actual local living standard

The cost of raising children varies across different regions and economic development levels. Based on the first two factors, courts will refer to the general living expense level of the case's location or the child's actual place of residence. For example, referring to statistical data such as the per capita living expenditure and education expenditure of local urban residents, or the common compensation standards for similar cases in the region. For instance, in case (2024) Hei 01 Min Zhong 5054, the court appropriately determined child support to be 900 yuan/month based on the local living standard. However, in similar cases in Beijing during the same period, the court determined child support to be 2000 yuan/month based on the local living standard. It is evident that the final child support amount ordered by courts may differ between first-tier cities and less developed regions.

In summary, the aforementioned three elements jointly influence the discretion of the child support amount. Regarding specific calculation methods, the '20%-30% income proportion' listed in the judicial interpretation is an important reference, but not a mechanical application. For example, for high-income parents, the court may determine an amount below 20% to avoid exceeding the child's actual needs; for low-income parents whose children have special needs, the court may also appropriately increase the amount beyond the 30% upper limit. In short, the court seeks to ensure that children receive child support that meets their reasonable needs and is commensurate with the parents' ability, thereby protecting the children's rights.

1. Payment method

The law encourages regular payments of child support, with monthly payments being the most common. Monthly payments help ensure the child's daily needs are met and align with most salary payment schedules. In numerous cases, court rulings have ordered child support to be paid "monthly, annually." For example, cases (2024) Hei 01 Min Zhong 5054 and (2021) Lu 01 Min Zhong 385 have confirmed monthly child support payments. Lump-sum payments are exceptions, usually considered only when the obligor has sufficient funds to make a one-time payment and both parties agree. Sometimes, in cases involving international child support or when both parties reside in different countries or regions, a lump-sum payment of all child support may be ordered to reduce cross-border payment disputes. In case (2021) Lu 01 Min Zhong 385, one party requested a lump-sum payment of child support, but the court found that the other party's financial condition was insufficient for a one-time payment of several years' worth of child support, and that a lump-sum payment would not be in the child's long-term best interests, so the request was denied. The Supreme Court's judicial interpretation also clarifies that "child support should be paid regularly; under certain conditions, it can be paid in a lump sum," indicating that lump-sum payments require specific conditions. In addition, there are cases of quarterly or annual payments, but these are less common, usually agreed upon by both parties in an agreement or due to special circumstances such as school fees paid per semester.

2. Child Support Payment Period

The child support obligation generally lasts until the child turns eighteen, i.e., reaches adulthood. This is almost a principled cut-off point in judicial practice—court rulings usually specify that child support payments end on the child's eighteenth birthday. For example, (2024) Hei 01 Min Zhong 5054 ruled that the obligor should pay child support until the child turns eighteen. However, the law also considers some special circumstances: if the child is still in high school or below after turning eighteen, or is unable to work, or is not fully able to work but cannot support themselves due to reasons beyond their control, parents still have a continued obligation to support them. In other words, an eighteen-year-old who has not graduated from high school, or an adult child with severe disabilities who cannot care for themselves, is considered by law as an "adult child who cannot live independently," and their right to claim child support does not automatically terminate upon reaching adulthood. The Supreme Court's relevant judicial interpretation clearly states this: if the child is still attending high school or is unable to work, child support should continue to be paid until they can live independently. In addition, if a child is under eighteen but has married or joined the military, or has legally obtained full civil capacity, the support obligation may also terminate accordingly; this is a legal exception.

Parents often agree on child support in divorce agreements, or one party may have made a written commitment to pay child support during a dispute. The legal effect of these agreements or commitments needs to be considered from both internal and external perspectives in practice:

1. Internal Effect (Between Parents)

Agreements on child support in divorce agreements, as long as the content does not violate mandatory legal provisions or public order and good customs, are legally binding on both parties. That is, child support agreements voluntarily reached by both parents are valid between them. For example, agreements on the monthly amount of child support, the duration of payment, or even one party waiving the other's child support, generally have contractual effect between the parties. If one party fails to perform, the other party can sue for breach of contract and demand performance. For example, in case (2023) Qiong 02 Min Zhong 3334, the court recognized the legal effect of the child support clause in the divorce agreement. It should be noted that if the agreed amount is too low (clearly insufficient to support the child) or too high (beyond the obligor's capacity), the court may adjust it according to the specific circumstances, but this is a consideration at the enforcement level. Provided the agreement is valid, both parents are bound by it.

2. External Effect (To the Child)

Any agreement between parents regarding child support cannot override the minor child's legally protected right to claim child support. If the divorce agreement stipulates that one party does not need to pay child support, or if the agreed amount is lower than the actual needs, this agreement does not deprive the child of the right to demand reasonable child support from that party. The child is not a party to the divorce agreement, and their legal rights are not limited by private agreements between the parents. For example, in case (2024) Hei 01 Min Zhong 3861, the divorce agreement stipulated that Liu did not need to pay child support, but the court clearly stated that this agreement did not affect the child's right to claim statutory child support from Liu, and Liu still had a support obligation. Therefore, if a divorce agreement waives child support or the amount is too low, the minor child can later sue (through their legal representative) to demand that either parent pay child support according to their actual needs. The court will re-determine the reasonable amount of child support based on legal standards, and will not refuse to support the claim simply because the agreement contains a waiver clause.

3. Effect of Unilateral Commitment

In practice, sometimes without judicial proceedings, one party voluntarily writes a letter of commitment after divorce, expressing willingness to pay a certain amount of child support to the child each month. If such a unilateral commitment is a genuine expression of intent, it may be used by the court as a basis for determining the support obligation. That is, if the committing party voluntarily undertakes child support higher than the legal standard, and there is no evidence to prove that they were coerced or suffered from a significant misunderstanding, the court usually respects their expression of intent and uses the committed amount as the child support to be paid. However, if the unilateral commitment involves changing the child support obligation agreed upon in the original agreement, the other party's consent may be required for it to be effective. Similarly, in the aforementioned case (2024) Hei 01 Min Zhong 3861, the mother, Liu, gave a letter of commitment to the grandmother agreeing to bear certain expenses, but because this commitment was not obtained with the consent of the child's father (custodian before the change), and the content was inconsistent with the original divorce agreement, the court ultimately considered it not legally binding on Liu. This case is rather special; generally, a genuine commitment that is unfavorable to oneself should be considered valid, but in cases involving changes to an agreement, both parties' consent is required to modify the original agreement. Therefore, in practice, it is important to distinguish the nature of the commitment: for independent payment commitments (such as a commitment to pay additional education fees), it can be considered Debt Inclusion and valid; for commitments that change the original child support agreement, the other party's confirmation or a change of agreement procedure is required.

In child support disputes, clarifying the burden of proof is crucial for effectively ascertaining the facts and protecting the rights of minors. Generally:

1. The party requesting child support (plaintiff) bears the initial burden of proof

The party requesting child support needs to provide evidence of the basis and necessity of their request, including but not limited to: the child's actual living expenses, education and training fees (tuition, tutoring class invoices), medical and rehabilitation expenses receipts, etc., to prove the child's reasonable needs; clues or evidence of the other party's income, to prove that the other party has the ability to pay or has a higher income; supporting materials on the local standard of living. For example, in case (2022) Jing Min Shen 195, the plaintiff provided kindergarten fee receipts, but due to flaws in the receipts that affected their probative value, some of the expenses were not supported. Therefore, the party requesting child support should ensure the authenticity and completeness of the submitted receipts to fully prove the expenses incurred in raising the child.

2. The party with a duty of support (defendant) bears the corresponding burden of proof in defense.

Typical grounds for defense include: ① The party has actually fulfilled part or all of the duty of support. For example, living with the child for a period of time, or directly paying part of the expenses, requiring proof such as photos, bank transfer records, and receipts. For example, in case (2023)琼02民终3334, the defendant submitted photos of living with the child, proving that they had undertaken the responsibility of support for a certain period, and the court therefore determined that the support payment for that period should not be claimed again. ② The party has no ability to pay or has difficulty paying. It is necessary to provide materials such as unemployment certificates, low-income certificates, and major illness diagnoses to prove that the interruption of income or huge expenses have resulted in the inability to afford the original support payment. If no evidence is submitted, and only verbal claims of financial difficulties are made, the court generally will not accept them. ③ Improper support by the other party (e.g., not using the support payment for the child). This type of defense is less common and is difficult to become a reason for refusal to pay, but if one party claims that the other party is misusing the support payment, evidence such as photos of the child's living conditions and consumption records should be provided. However, even if it is proved that the support payment is misused, the court usually resolves this by changing custody or strengthening supervision, rather than exempting the obligation to pay support.

3. Income Proof and Investigative Evidence

As mentioned earlier, in child support disputes, the defendant's income is often a point of contention. If the plaintiff makes a high claim for support but cannot provide evidence of the defendant's high income, the court sometimes judges based on the defendant's self-reported income or the local average income, resulting in a lower amount. Therefore, the plaintiff can apply to the court to obtain relevant information from tax and social security departments to help ascertain the plaintiff's income. For example, in case (2021)鲁01民终385, the court referred to the defendant's housing provident fund contribution base as evidence to determine their income.

The litigation parties in child support disputes involve two categories: plaintiffs (claimants) and defendants (obligors), and must be strictly determined in accordance with the law.

1. Rights Holder

Minors are the true rights holders of the claim for child support. The payment of child support is legally intended to protect the interests of minors, so the lawsuit should be filed by the minor as the plaintiff, with their legal representative acting on their behalf. In practice, the plaintiff section in most child support dispute cases will state “某某 (minor), with their legal representative 某某 filing the lawsuit”. If the parent with direct custody sues in their own name to demand child support from the other party, strictly speaking, the subject is incorrect and should be corrected to the child as the plaintiff and the parent as the legal representative. In case (2021)皖18民终2410, the mother initially sued her former husband in her own name to demand child support, and the court of second instance clearly pointed out that the cause of action and subject were incorrect, and that the child should be the plaintiff and the mother the legal representative claiming the right, this correction also reflects the requirement for the standardization of the subject of the lawsuit.

2. Plaintiff

Under normal circumstances, the party with direct custody of the child (guardian) acts as the legal representative to bring a lawsuit on behalf of the minor child. In child support disputes during the subsistence of a marriage relationship, if one party fails to fulfill their obligations, the other party can sue on behalf of the child in their capacity as guardian. In special circumstances, if the party with direct custody is missing or incapacitated, another guardian or other guardian arrangement can also sue on their behalf.

3. Defendant

The defendant in child support disputes is generally the parent who has not fulfilled or has not fully fulfilled the duty of support. Sometimes both parents may be listed as defendants (e.g., in cases where grandparents are raising the child, both father and mother are listed as defendants and required to jointly bear the responsibility). However, in most cases, the defendant is one person—usually the party who does not directly raise the child and is claimed to pay the expenses.

4. Special Subject Situations

In some situations, other close relatives can be plaintiffs claiming child support. A typical example is the aforementioned situation where grandparents raise their grandchildren. If the grandparents actually bear the responsibility of raising the child, they can sue the parents who have not fulfilled their obligations in their own name, demanding that they pay child support or reimburse the expenses already paid. For example, in case (2021)新01民终6112, the grandmother, as the plaintiff, sued the child's mother for child support and was supported. Another example is that if older siblings raise their younger siblings, the older siblings can be the plaintiffs and claim child support from the parents of the younger siblings. The legal basis for these situations is Articles 1074 and 1075 of the Civil Code of the People's Republic of China, namely the limited circumstances in which grandparents and older siblings have a duty of support. The general principle is: whoever actually bears and pays the expenses that should have been borne by the legal person with the duty of support has the right to act as the plaintiff to claim compensation from the true obligor. Of course, this type of lawsuit can also be filed by the minor child as the plaintiff, with the actual caregiver as the legal representative acting on their behalf; the two methods are slightly different in procedure but have similar substantive effects.

As mentioned earlier, relevant judicial interpretations have clearly stated that child support includes basic expenses such as the child's living expenses, education expenses, and medical expenses. However, in reality, whether some expenses constitute necessary support expenses often leads to disputes:

1. Basic Constituent Items

The basic components of child support include living expenses, education expenses, and medical expenses. Living expenses refer to daily living expenses, such as food, clothing, housing, and water and electricity; education expenses include tuition fees, stationery and books, and necessary supplementary training fees; medical expenses refer to reasonable expenses for illness and medical treatment. As long as the expenses are real and directly related to the child's life and studies, they can generally be considered as child support.

2. Expenses Beyond Necessary Scope

For high expenses that exceed basic needs, the court's attitude is relatively cautious. For example: expensive interest classes, talent training fees, high fees for studying abroad or attending international schools, and living expenses that exceed ordinary standards. Whether these expenses are included in child support depends on the circumstances. Generally speaking, if the parents have a prior agreement or the obligor clearly agrees to bear the expenses, the court will support it; otherwise, the court will judge based on the overall economic situation of the family and the necessity of the expenses. For example, in case (2022)京民申195, the child's interest class fees were considered personalized expenses, and the court did not fully support this part of the expenses, only paying a small part. Another example is case (2020)闽民申815, where the plaintiff claimed pre-school education training fees, but the court considered that this expenditure was not within the scope of necessary living expenses and did not support it. Therefore, the court usually limits child support to the reasonable scope of ensuring basic living and education, and for extra expenses exceeding high standards, unless there are special reasons, it generally will not order the obligor to bear them.

3. Medical Expenses

Significant medical expenses incurred by children due to illness can be part of child support, but in practice, they are often handled as separate items. This means that if a child has substantial medical or hospitalization costs, the parent with direct custody may choose to file a separate lawsuit or claim medical expenses separately in the same case, with parents sharing the responsibility, rather than simply averaging it into daily child support. Many courts prefer to separate special expenses like major illness medical costs from regular child support. This is partly because medical expenses are often large one-time expenditures, not suitable for slow payment through monthly child support, and partly because they may require separate review in conjunction with insurance claims and other factors. However, if medical expenses are not exorbitant and occur continuously, they can also be included in child support. Overall, routine medical care (such as annual vaccinations, common minor illnesses) should be included in child support, while major medical expenses are usually shared additionally by parents. Families with the means can agree on the proportion of major medical expenses in the divorce agreement to reduce disputes.

The obligation to pay child support and the exercise of visitation rights are two basic rights and obligations concerning children after parents divorce. Although both relate to minor children, they are legally independent and cannot be interdependent as conditions for fulfillment: one parent cannot impede the other's right to visit the child on the grounds that child support has not been paid; conversely, one cannot stop paying child support because visitation rights are obstructed. In cases such as (2023) Yu 17 Min Zhong 4707 and (2020) Yue 19 Min Zhong 3112, courts have clearly stated that visitation rights and child support are two different legal relationships that cannot restrict each other. Any unauthorized linking of visitation with child support by either party, such as 'I won't let you see the child if you don't pay' or 'I won't pay if you don't let me see the child,' is prohibited by law. The correct approach is: if one party refuses to pay child support, the other party should seek recovery through court enforcement or a separate lawsuit, and cannot prevent visitation; if one party obstructs visitation, the other party should request judicial enforcement or change of custody arrangements according to the visitation rights dispute procedure, and should not counter by stopping child support payments.

When one party delays child support payments for a long time, the other party often demands not only the principal amount of overdue child support but also overdue interest. However, judicial practice generally does not support calculating interest on overdue child support.

This is because child support has a clear personal nature, relating to the livelihood of minors, and the law grants it a status different from ordinary monetary debts. The payment of child support primarily reflects parents' legal obligation to support their children, rather than general commercial or civil loan debts. Demanding interest, to some extent, treats overdue child support as a breach of monetary debt, which does not align with the original intent of the child support system. Furthermore, considering that child support disputes often occur among family members, calculating interest might exacerbate conflicts and be detrimental to maintaining family affection.

Based on the above considerations, most courts dismiss requests for overdue interest made by plaintiffs when issuing judgments. For example, in case (2023) Qiong 02 Min Zhong 3334, the plaintiff demanded that the defendant pay over 100,000 yuan in interest for overdue child support, but the court ultimately ruled that child support is not an ordinary debt and did not support the claim for interest.

Of course, there are also individual special circumstances where courts may, at their discretion, support part of the interest or compensation, for example, if the obligor has long-term arrears, causing severe hardship to the children, and still refuses to perform after multiple reminders. In such cases, judges might consider interest as a civil sanction for delayed performance. However, this falls under case-by-case discretion and is relatively rare in judicial practice.

Child support disputes involve minor children and their parents, and courts often actively organize mediation before and during trials to encourage parents to negotiate a solution that balances the child's rights and the parents' financial capacities. Reaching an agreement through mediation not only helps to resolve disputes promptly but also contributes to easing strained family relationships and better safeguarding the child's physical and mental health.

Although child support disputes themselves do not directly determine custody, they are often accompanied by issues of custody change or visitation arrangements. Therefore, when handling child support matters, judges also consider the opinions of minor children aged eight and above. According to Article 1084 of the Civil Code of the People's Republic of China, the true wishes of children aged eight and above are an important reference in determining custody. If a child strongly expresses a willingness to live with the current custodial parent, the child support judgment will accordingly protect that parent's rights; conversely, if a child expresses dissatisfaction or alienation towards the parent who has not paid child support, the judge may also lean towards protecting the child's psychological well-being when determining child support. However, it must be emphasized that a child's wishes generally affect custody and visitation arrangements, while the determination of the child support amount itself is still decisively influenced by the aforementioned 'three factors,' and will not arbitrarily increase or decrease based on whether the child likes or dislikes a particular parent.

As mentioned earlier, during the subsistence of a marriage, minor children can also sue for child support. This has been clearly stipulated in Article 1067 of the Civil Code of the People's Republic of China and relevant judicial interpretations. However, from the perspective of reason and social impact, courts handle in-marriage child support cases with extreme caution, examining whether the couple has genuinely separated, lived with long-term property division, and independently borne child expenses. If one party has indeed neglected the children for a long time and refused to provide expenses, the court will support the child's claim according to law to protect the interests of minors. For example, in case (2019) Lu 06 Min Zhong 6467, the court ordered the father who neglected his duties within the marriage to pay child support.