Regulations on support obligation of parents toward children

Regulations on support obligation of parents toward children represent as a significant and humanitarian aspect of legislative efforts aimed at safeguarding legitimate rights and interests of children upon divorce. Accordingly, the parent who is not directly raising the child shall bear the obligation of financial support to ensure adequate living conditions, education, and comprehensive development for the child. This provision not only reflects parental responsibility but also serves as an essential legal foundation for protecting children - individuals considered highly vulnerable in divorce proceedings. Contact Apolo Lawyers – Solicitors & Litigators via Hotline (+84) 903 419 479 or Email contact@apolo.com.vn for quick and effective support. With a dedicated and professional legal team, we are committed to accompanying you throughout the entire divorce process.

1. Child support obligation

Child support obligation upon divorce refers to the legal responsibility of either parent, following the termination of the marital relationship, to provide financial support to ensure a  living conditions and comprehensive development of child. This constitutes a fundamental right of the child, safeguarded by law, to prevent any disadvantage caused by the breakdown of the family structure.

Regulations on support obligation of parents toward children

2. Legal provisions on support obligation of parents toward children

According to the Law on Marriage and Family 2014 in Vietnam, a parent who does not reside with the child or violates caregiving duties despite living with the child shall bear the obligation of child support. A child eligible for support must fall under one of the following categories:

• The child is a minor;
• The adult children who have no working capacity and no property to support themselves.

These legal provisions ensure that the child has the opportunity to develop both physically and mentally. Moreover, they reflect the humanitarian nature of legislation that prioritizes the protection of the rights of the children in divorce cases.

3. Amount and Method of support obligation of parents toward children

Regarding the support level, the Law on Marriage and Family 2014 does not stipulate a fixed sum. Determination shall be based on the following factors:

• The basis of the actual income;
• The ability of the person with the support obligation;
• The essential needs of the supported person

Parties may reach an agreement based on these criteria to determine a suitable support amount. In cases where no agreement can be reached, the Court of People shall resolve the matter. Furthermore, the support level can be chande if it could be agreed upon by the parties. However, in case of they fail to reach agreement, they may request a court to settle it.

Regarding the method of support, the obligor shall make periodic payments on a monthly, quarterly, semi-annual, annual basis, or in a lump sum. The method shall be agreed upon by both parties; otherwise, the Court of People shall determine the method.

Note: In case the person with the support obligation falls into a difficult financial circumstance, thus being unable to perform his/her support obligation, they could reach a new agreement to change the method of support or temporarily cease the support. If no consensus is achieved, the matter must be brought before the Court.

4. Termination of Child Support Obligation

Pursuant to current legal regulations, the obligation of child support shall terminate under the following circumstances:

• The supported person has become adult and has working capacity or property to raise himself or herself;
• The supported child is adopted by another person;
• The supporting person directly raises the supported person;
• The supporting or supported person dies.

Termination of the obligation must be based on clear legal grounds to ensure the protection of the developmental interests of child. This provision aims to prevent disputes and minimize conflicts during or after divorce proceedings.

Regulations on support obligation of parents toward children

5. Importance and Notes Regarding Child Support upon Divorce

Child support provisions underscore the responsibility and legal duty of parents in ensuring the well-being of the child after the dissolution of the marital relationship. Support payments contribute to the material and emotional of child, which could well-being and reaffirm parental affection despite the absence of cohabitation.

Important Considerations:

• The obligated parent must comply fully with the support obligation in accordance with legal regulations.
• In cases involving changes in living conditions or financial incapacity of the obligor, parties are encouraged to renegotiate or seek judicial modification.
• Support arrangements should be recorded in writing or formalized by a court decision to protect the lawful rights and interests of child.

6. Apolo Lawyers – Solicitors & Litigators provides consulting services on divorce procedures

Our company provides fast unilateral divorce services in Ho Chi Minh City, such as:

• Advice on the right to request the Court to settle a divorce;
• Advising on conciliation procedures at the grassroots level;
• Advice on divorce proceedings;
• Advising on grounds for divorce;
• Advising on regulations on consent divorce and divorce at the request of one party;
• Advice on principles of the property division upon divorce and procedures for property division;
• Advice on divorce settlement procedures at the Court.

Hopefully, with the information we shared above, Apolo Lawyers – Solicitors & Litigators has helped you better understand the cases in which a unilateral divorce is not allowed. For the divorce to be resolved quickly, the divorce petitioner can conduct the divorce procedures by himself or ask for a divorce procedure consulting service. When coming to the divorce procedure consulting service at Apolo Lawyers, with a team of knowledgeable legal consultants, they regularly guide and prepare divorce documents.

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 optimally.

>>> Read more: In-Office Divorce Consultation Services – Fast, Reliable Legal Support

>>> Read more: Service juridique en cas de divorce au Vietnam