When a couple with minor children divorces, write into the divorce agreement who the child lives with, how much the monthly child support is, and how and when visits happen: the more specific it is, the less you will go back to court after the divorce

Cost

Free if you write it into the agreement when you divorce by agreement. The hard part is that the two of you have to sit down and work out the details, such as which day of the month payment is made, into which account, which weekend you pick up the child, and how the winter and summer holidays are split. If you can't agree, you have to go to court. The filing fee for a divorce case is 50 to 300 CNY per case. You pay your own lawyer's fees; they are not part of the litigation costs the losing side bears. A first-instance trial under the ordinary procedure must by rule be concluded within 6 months, though this can be extended, and under the simplified procedure within 3 months. If a dispute over child support or visits arises after the divorce, you have to file a separate lawsuit.

What you get

The Civil Code (民法典) provides that how much child support is paid and for how long, and the manner and time of visits, are first agreed between the two sides, and if they can't agree the court decides. A child under 2 years old is, in principle, with the mother. For a child 2 or older, the court decides by the "principle most beneficial to the minor child." Once the child is 8 years old, the child's own wishes must be respected. Since February 2025, where one side has domestic violence, gambling or drug use, an affair or cohabitation with someone else, or has snatched or hidden the child, the court gives priority to letting the other side raise the child. The amount of child support depends on the child's actual needs, the parents' ability to pay and the local standard of living. For someone with a fixed income, it is generally 20% to 30% of total monthly income. For someone supporting two or more children, the proportion can be higher, but generally no more than 50% of total monthly income. For someone without a fixed income, the same proportion is applied by reference to total income that year or the average income of the same trade. For example, with a monthly income of 8,000 CNY, this proportion gives 1,600 to 2,400 CNY a month (calculated by the author). Child support is generally paid until the child is 18. After an agreement or judgment sets the amount, the child can still ask for reasonable expenses beyond the original amount when necessary, such as when illness or schooling costs exceed it. An agreement that one side pays no child support is also valid. But where the living standard of the parent raising the child drops noticeably, or the child's necessary expenses rise noticeably, the child can still ask the other side to pay. Child support that was not paid as agreed after the divorce can be sued for as arrears. If the other side does not perform after a court judgment or mediation statement takes effect, you can apply for compulsory enforcement. A person who refuses to cooperate with visits can be detained or fined by the court, but "compulsory enforcement cannot be applied against the child's person or the act of visiting" (China)

Notes

The 20% to 30% is the court's reference line, not a floor for an agreement; the two of you can agree on a different figure. When you write the agreement, state the payment date, the account and the date payments run to, and for visits the day of the week, the pickup and drop-off times and how holidays are split, so you have something to rely on afterward. If a parent or relative snatches or hides the child, you can apply to the court for a personal safety protection order (人身安全保护令); see §8.43 (personal safety protection order). For the divorce procedure and the cooling-off period, see §10.15 (the cost of getting out). The beneficiary is first the child, and second you.

Evidence grade

A : Specific numbers from meta-analyses, large cohorts or randomized trials; for law and policy, the statute or official text.

Sources

1. National People's Congress (2020). Civil Code [in Chinese] (Articles 1084 to 1086). https://www.spp.gov.cn/spp/fl/202006/t20200602_463888.shtml
2. Supreme People's Court (2020). Interpretation (I) on the Application of the Marriage and Family Part of the Civil Code [in Chinese] (Fa Shi [2020] No. 22, Articles 44 to 53, 55, 58, 61 and 65 to 68). https://www.court.gov.cn/fabu/xiangqing/282071.html
3. Supreme People's Court (2025). Interpretation (II) on the Application of the Marriage and Family Part of the Civil Code [in Chinese] (Fa Shi [2025] No. 1, Articles 12, 14, 16 and 17). https://www.court.gov.cn/zixun/xiangqing/452771.html
4. National People's Congress Standing Committee (2023 amendment). Civil Procedure Law [in Chinese] (Articles 114, 152, 164 and 247). https://amr.guizhou.gov.cn/zwgk/xxgkml/jcxxgk/zcfg/fl/202401/t20240129_83645867.html
5. State Council (2006). Measures on the Payment of Litigation Costs [in Chinese] (State Council Order No. 481, Articles 6, 13 and 29). https://www.gov.cn/ziliao/flfg/2006-12/29/content_483682.htm

Translated from the Chinese original. Original book, section 10, tip 23. Content may be out of date and rules differ by place. When you actually deal with an agency, a doctor or a court, follow what local officials, doctors and lawyers tell you. Disclaimer