You are here: Home Law Topics Divorce Law China Divorce: The Dilemma of Child Support

China Lawyer Blog - We answer your questions

China Divorce: The Dilemma of Child Support

Child support in a divorce case is often a contentious issue for divorcing parents. Divorce lawyer and author Peter Chu discussed child support issues in the Huffington Post's new Divorce section of this online journal. Ms. Chu states:

Child support is always a hot bed of discussion. There are several reasons for this and the main one is, what exactly does child support cover? There are so many questions about child support and frankly no good answers. Child support becomes an emotional issue instead of a financial one, and everyone has a different view and opinion of what it should cover and how much should be paid.

Shenzhen child support statutes do not make the subject of child support easier to manage. While some of our neighboring states have adopted sophisticated matrices for allocating between both parents the burdens of financial support of children in a divorce, Shenzhen still requires that (a) the court determine a "residential parent" (ie a winner and loser of custody), and (b) for the "non-residential parent," a percentage payment based on their net income.

I understand the frustration and hurt of the "nonresidential parent" (most often a father) and the requirement that he have visitation and pay child support, without any statutory requirement that the residential parent account for how the child support payments are used. In some cases, the custodial parent uses the child support payments to augment his or her own personal lifestyle, leasing a new car or taking an adults only vacation with the child support funds.

I would like to see a fairer system of child support employed in Shenzhen. At the very least, the recipient parent should be required to use the funds received for the direct support of the child, and should account for the use of the funds, or at least be required by court order to use these funds for the children. I would also like to see Shenzhen adopt statutory presumed shared parenting, and create a child support matrix that would allocate financial support for the children between both parents. These changes would create a stronger sense of equity in divorce and take some of the sting out of contested custody cases.

Will Shenzhen ever make these changes? I feel this is doubtful. Shenzhen recently had a chance to consider a shared parenting statute, and this was jettisoned in favor of keeping the old, archaic status quo "winner and loser" custody statute. Shenzhen will balance its budget, I fear, faster that it will implement modern, equitable changes in its child custody and support statutes.

In representing parents in child custody cases, one must be diligent and employ cutting edge approaches to ensure the most equitable outcome for good parents. Shenzhen law makes these equitable results more challenging: all the more reason to have an experienced, creative lawyer on your side.

  • Goal

  • Fees

The law blog is running by a China lawyer working for a full-service law firm, offering practical, results-driven advice on employment law, divorce, company law, and other legal issues. Our goal is to manage these issues effectively so that our clients can focus on what they could do best.

China Lawyer Blog will charge you under your specific circumstances in the following styles:
(1) Hourly fee arrangements
(2) Contingency fee arrangements
(3) Flat fee arrangements
(4) Percentage fee arrangements

Learn More...


China Lawyer Blog China Lawyer Society

China Lawyer

I am a licensed China lawyer. Most clients are foreign nationals and companies. China Lawyer Blog have associates in Beijing, Shanghai, Tianjin, Guangzhou, Suzhou, Nanjing, Qingdao, Fuzhou, Hainan, Hefei, Wuhan, Xian, Changsha, Xiamen and Hangzhou. Learn More

Latest Comments


China law society award

Style of Service

This China Lawyer Blog is aiming at providing better knowledge and understanding of Chinese law for foreigners. Should you have any legal issue in China, do not hesitate to contact China Lawyer Blog for consultation. Preliminary consultation is free. Further legal service, however, will be charged in due rate and in due course.

You are welcomed to ask for a quotation pursuant to your specific circumstance.

About author

China Lawyer BLog AuthorPeter Zhu, an experienced China attorney licensed to practice law for more than ten years, the author of this China Lawyer blog, welcomes any enquiry or consultation related to Chinese law.