Penalties for Refusing Child Support After Divorce

Divorce Counseling 17/01/2026

When spouses decide to divorce, in addition to property division and child custody arrangements, child support obligations constitute one of the most important legal duties that a father or a mother is required to perform in accordance with the provisions of law. However, in practice, many cases arise in which one party deliberately refuses to fulfill child support obligations after divorce, thereby directly affecting the legitimate rights and interests of children. This raises the question of whether such conduct is subject to administrative sanctions.

When spouses decide to divorce, in addition to property division and child custody arrangements, child support obligations are one of the most important legal duties that a father or mother is required to fulfill in accordance with the provisions of law. However, in practice, many cases arise in which one party deliberately refuses to fulfill child support obligations after divorce, thereby directly affecting the legitimate rights and interests of children. This raises the question of whether such conduct is subject to administrative sanctions. For legal consultation, please contact Apolo Lawyers via email at contact@apolo.com.vn or via hotline at (+84) 979.489.879 for detailed guidance.

1. What Are Child Support Obligations?

Child support obligations represent both a right and a legal duty of parents toward children to ensure minimum requirements for maintenance, care, and education during daily life. When the marital relationship terminates as a result of divorce, the law provides that the person directly raising the child has the right to receive child support from the remaining party. In contrast, the person obligated to provide support must comply with a court judgment, court decision, or a legally recognized agreement.

Pursuant to Clause 2, Article 82 of the Law on Marriage and Family 2014, child support constitutes a mandatory obligation of the father or the mother who does not directly raise the child. This provision is further guided in detail by Article 7 of the Resolution No. 01/2024/NQ-HDTP, which stipulates as follows:

“Article 7. Child support obligations are prescribed in Clause 2, Article 82 of the Law on Marriage and Family

1. In cases where the person directly raising the child does not request child support from the person who does not directly raise the child, the Court shall explain that the request for child support serves to protect the legitimate rights and interests of the child. Where the Court determines that the person directly raising the child has sufficient capacity and conditions for child care and that the absence of a request for child support is voluntary, the Court shall not compel the remaining party to provide child support.

2. Child support amounts consist of all expenses related to child care and education and are subject to agreement between the parties. Where no agreement is reached, the Court shall determine the child support amount based on income, actual financial capacity of the person obligated to provide support, and essential needs of the person receiving support. The child support amount decided by the Court shall not be lower than one-half of the regional minimum monthly wage at the place of residence of the person providing support, calculated per child per month.

3. Where the parties fail to reach an agreement on the method of providing child support, the Court shall determine monthly payments or another appropriate method in accordance with the needs and interests of the child and the financial conditions of the person obligated to provide support.

4. Child support obligations of parents toward minor children, as well as adult children who lack working capacity and property for self-support, shall arise from the time when parents no longer live with the child or live together but fail to fulfill child care obligations, unless otherwise agreed by the parties.”

Accordingly, child support remains a legal obligation of the party who does not directly raise the child after divorce, except in cases where the Court does not impose such an obligation, and the remaining party voluntarily refrains from requesting child support while possessing sufficient conditions for child care. Therefore, failure to fully perform child support obligations in cases where such obligations are legally required may be deemed a violation of the law.

Penalties for Refusing Child Support After Divorce

2. Is the Refusal to Provide Child Support After Divorce Subject to Administrative Penalties?

In accordance with Point b, Clause 1, Article 43 of the Decree No. 28/2025/ND-CP, acts of refusing or evading child support obligations after divorce are specifically regulated as follows:

“1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for acts of refusing or evading obligations to provide maintenance and care for parents, as well as obligations to provide child support and care for children after divorce, in accordance with the provisions of law.”

In addition to monetary fines, competent authorities may apply remedial measures requiring violators to fulfill maintenance and care obligations in accordance with applicable legal regulations.

Accordingly, where a husband or a wife fails to perform child support obligations for children after divorce without legitimate justification, such conduct constitutes an administrative violation and shall be subject to sanctions pursuant to Article 43 of Decree No. 28/2025/ND-CP.

3. Legal Benefits of Complying With Child Support Obligations

Proper compliance with child support obligations not only constitutes a legal responsibility after divorce but also ensures the comprehensive development of children, including:

Access to education;
Satisfaction of essential daily living conditions;
Protection of mental and emotional development through continued care and responsibility of parents after divorce.

The refusal to fulfill child support obligations after divorce constitutes a prohibited act under the law. Pursuant to Article 43 of Decree No. 28/2025/ND-CP, such conduct is subject to administrative fines ranging from VND 5,000,000 to VND 10,000,000 and may result in compulsory enforcement of child support obligations.

Therefore, a husband or a wife is required to strictly comply with child support obligations after divorce to protect the best interests of children and avoid unnecessary legal consequences.

Penalties for Refusing Child Support After Divorce

4. Legal services Apolo Lawyers provide for divorce cases

Apolo Lawyers – Solicitors & Litigators offers comprehensive legal services designed to help clients achieve a fast divorce while safeguarding their rights and interests. Our services include:

Consulting on mutual consent and unilateral divorce procedures;
Reviewing, drafting, and organizing all required divorce documents;
Representing clients during negotiations on property division and child custody;
Advising on financial settlements, spousal support, and child support;
Assisting with recognition and enforcement of foreign divorce judgments in Vietnam;
Representing clients before the People Court in divorce proceedings;
Supporting post-divorce procedures, such as civil status registration updates.

With a team of experienced and dedicated lawyers, Apolo Lawyers is committed to guiding you through each stage of the divorce process, ensuring legal compliance and helping you resolve your case as quickly and smoothly as possible.

Divorce is quite a complicated procedure. If you still have any questions, do not hesitate to contact Apolo Lawyers – Solicitors & Litigators. Hotline: (+84) 903. 419. 479 and Email contact@apolo.com.vn to be supported and helped in the most optimal way.

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