Q&A · Marriage and family
How much child support is paid after divorce, and until when?
Translated from the Vietnamese original; where they differ, the Vietnamese text and the law prevail.
Awaiting review by a lawyer. Each rule cites its source; where the texts are unclear, the page says so.
The law does not set a fixed amount of child support (cấp dưỡng). The parents agree on the amount based on the income and actual means of the paying parent and the child's essential needs; if they cannot agree, the court decides (Article 116(1) of the Law on Marriage and Family 2014 (Đ.116 khoản 1 Luật HN&GĐ 2014)). The parent who does not directly raise the child must pay support, usually until the child turns 18, and longer if the child is an adult but unable to work and has no property to live on. The person suing for support is exempt from court fees.
Who must pay child support?
After divorce, the father or mother who does not directly raise the child has the obligation to support the child (Đ.82 khoản 2 Luật HN&GĐ). This obligation covers minor children and adult children who are unable to work and have no property to live on (Đ.110).
Support means contributing money or other assets to meet the essential needs of the person supported (Đ.3 khoản 24). The obligation cannot be replaced by another obligation and cannot be transferred to anyone else (Đ.107 khoản 1). Paternal or maternal grandparents paying in a parent's place only arises when there is no person obliged by law to pay, for example when the parents no longer have the means (Đ.113).
How is the amount of support calculated?
The amount depends on two sides (Đ.116 khoản 1):
- The income and actual means of the paying parent;
- The child's essential needs: food, housing, schooling, medical care.
The law has no minimum amount or percentage of income. In practice, the court looks at payslips, business income, the number of children to raise and the local cost of the child's schooling. For example, in the case that became the source of Precedent 54/2022/AL (Án lệ 54/2022/AL), the court noted that the mother, earning 6,000,000 đồng a month, voluntarily paid 1,000,000 đồng a month in support and found that amount appropriate. That was one specific case, not a standard rate.
You should prepare: receipts for the child's tuition, living and medical costs, and evidence of the other parent's income if you have it (bank statements, labour contract, business assets).
Monthly or in one lump sum?
The two sides choose: periodically each month, each quarter, every six months, each year, or once (Đ.117 Luật HN&GĐ). A lump sum avoids repeated demands but is a large amount; monthly payments are easier for the paying parent but more likely to be late.
If the paying parent falls into economic hardship and cannot pay, the two sides may agree to change the method or suspend support; if they cannot agree, they ask the court to decide (Đ.117).
When does support stop?
The support obligation ends when (Đ.118 Luật HN&GĐ):
- The child is an adult and able to work or has property to live on;
- The child is adopted by someone else;
- The paying parent has taken over raising the child directly;
- The paying parent or the child dies;
- Other cases under the law.
The remarriage of the parent who raises the child does not end the obligation to support the child. Khoản 5 of Đ.118 on remarriage applies only to support between former spouses after divorce (Đ.115).
Can the amount of support be changed?
Yes, when there is a good reason, for example the paying parent's income rises or falls considerably, the child moves to a more expensive level of schooling, or the child becomes ill. The two sides agree; if they cannot, they ask the court to decide (Đ.116 khoản 2). If the court has already rejected a request to change the amount, you may still sue again when circumstances change (Đ.192 khoản 3 điểm b BLTTDS).
What can you do if the other parent does not pay?
If there is already a judgment or decision: you apply to the civil judgment enforcement agency (cơ quan thi hành án dân sự) to enforce the support part.
If there is no judgment yet (for example you did not ask for support at the divorce): you sue for support. Those entitled to make the claim include the child, the father or mother raising the child, and the guardian; also relatives, the state agencies for family and for children, and the Women's Union (Hội Liên hiệp phụ nữ) (Đ.119). You may file at the court where you live or work (Đ.40 khoản 1 điểm c BLTTDS).
| Item | Rule | Basis |
|---|---|---|
| Court fees and court fee advances for the person claiming support | Exempt | Đ.12 khoản 1 điểm b NQ 326/2016 |
| The person ordered by the court to pay support | Pays the court fee for a case with no monetary value (300,000 đồng) | Đ.27 khoản 6 điểm a NQ 326/2016 |
| The two sides agree before the hearing and ask the court to record it | The paying parent pays 50% of that amount | Đ.27 khoản 6 điểm b NQ 326/2016 |
Deliberately evading support may be prosecuted as the crime of refusing or evading the support obligation, when the person has already been fined administratively and still violates, or leaves the child in a situation dangerous to life or health (Đ.186 BLHS 2015). You should check the specific conditions with a lawyer before reporting it.
When to ask a lawyer
- The other parent hides income, is self-employed, or has moved abroad.
- You want a lump-sum payment and need to work out a reasonable amount.
- The other parent has not paid for many months despite a judgment.