Child Support Agreement Regarding Minor Child “Ning Ning (宁宁)”
This Child Support Agreement (Agreement) is entered into as of [Date], by and between:
- [Parent A full legal name], [ID/Passport No.], residing at [address] (the Support Obligor or Parent A), and
- [Parent B full legal name], [ID/Passport No.], residing at [address] (the Support Obligee or Parent B),
collectively, the Parties, concerning their minor child, Ning Ning (宁宁), born on [DOB] (the Child).
Recitals
- The Parties are the Child’s legal parents and acknowledge a continuing legal duty to support the Child.
- The Parties enter this Agreement voluntarily, fully informed, and with the intention that it be incorporated into, and made enforceable as, a court order, subject to judicial review and approval as required by applicable law.
- The Parties agree that the terms below are in the Child’s best interests.
1. Governing Law; Court
- Governing Law: This Agreement shall be governed by the laws applicable in [Jurisdiction].
- Court Approval: The Parties shall promptly submit this Agreement to the [name of competent court] for approval and incorporation into a judgment or order. If the court requires modification to conform to mandatory child support rules, the Parties agree to confer in good faith to make any court-required adjustments.
2. Scope
- This Agreement addresses child support only. Any issues of legal custody, physical custody, and parenting time are governed by separate agreements or orders, unless expressly stated herein.
3. Basic Child Support
- Amount: Commencing on [Start Date], Parent A (or the Support Obligor identified above) shall pay to Parent B (the Support Obligee) basic child support in the amount of CNY Three Thousand Five Hundred and 50/100 (CNY 3,500.50) per month for the support and maintenance of the Child.
- Due Date: Payment is due on or before the [1st/5th] calendar day of each month, in advance, without setoff or deduction, except as ordered by a court or agreed in writing by the Parties.
- Method: Payment shall be made by [bank transfer/standing order] to the following account designated by the Support Obligee: [Bank name, account name, account number, SWIFT/branch details]. The Support Obligee shall provide written notice of any change in account details at least ten (10) days before a payment is due.
- Proration: For any partial month at commencement or termination, support shall be prorated on a daily basis.
4. Duration; Emancipation; Extension
- Duration: Basic child support shall continue until the Child reaches the age of majority under the Governing Law or is otherwise legally emancipated.
- Extension: If, under applicable law, support must or may continue beyond the age of majority due to the Child’s inability to be self-supporting, disability, or other statutory grounds, the obligation shall continue as required by law or as further ordered by the court.
5. Add-On Child-Related Expenses
- Medical, Dental, Vision, and Insurance: The Parties shall ensure that the Child is covered by medical insurance if available at reasonable cost. Uninsured or unreimbursed medical, dental, vision, and necessary mental health expenses for the Child shall be allocated as follows: [Obligor __% / Obligee __%]. Reimbursement shall be made within thirty (30) days of receiving copies of invoices and proof of payment.
- Education and Childcare: Necessary education-related costs (including compulsory school fees, uniforms, textbooks) and work-related childcare shall be allocated as follows: [Obligor __% / Obligee __%], subject to prior written consultation for non-routine or elective expenses exceeding CNY [amount] per item.
- Extracurricular and Enrichment: Non-essential extracurricular costs shall be shared only if agreed in writing in advance; absent agreement, each Party bears their own costs for activities undertaken during that Party’s parenting time.
- Travel Costs: If applicable, long-distance parenting-time transportation costs shall be allocated as follows: [Obligor __% / Obligee __%].
6. Adjustment; Review; Deviation
- Periodic Review: The Parties shall review the support amount annually each [month], or sooner upon a material change in circumstances (e.g., significant income change, substantial change in the Child’s needs).
- Cost-of-Living Adjustment (optional): Commencing [date], the monthly support may be adjusted annually based on the year-over-year percentage change in the Consumer Price Index published by [relevant authority], unless prohibited or replaced by court-ordered guidelines.
- Guidelines Compliance: If the court applies mandatory child support guidelines, the Parties request approval of this agreed amount as being in the Child’s best interests. If a deviation is not permitted, the Parties consent to modification solely to bring the amount into conformity with mandatory guidelines, without prejudice to the remaining terms of this Agreement.
7. Payment Management; Records
- Accounting: Each Party shall maintain accurate records of payments made and received. The Support Obligee shall promptly provide receipts and documentation for any expense reimbursement requested under Section 5.
- Tax Treatment: Each Party shall comply with the applicable tax laws of the Governing Law. Nothing herein shall be construed to convert child support into taxable income or deductible payments if not so provided by applicable law.
8. Default; Remedies
- Late Payment: Any payment not received within [10] calendar days after the due date shall accrue interest at the statutory rate under the Governing Law (or, if none, six percent (6%) per annum), to the extent permitted by law.
- Enforcement: The Support Obligee may pursue all lawful remedies for collection, including but not limited to court enforcement, income withholding, liens, and contempt proceedings as available under the Governing Law.
- No Waiver: The right to child support belongs to the Child. No delay or failure by either Party to enforce any provision shall constitute a waiver of the Child’s entitlement to support.
9. Information Exchange; Notice
- Income/Insurance Changes: Each Party shall promptly notify the other of any material change in income, employment, or the Child’s health insurance coverage within fourteen (14) days of such change, and shall provide reasonably requested documentation.
- Contact Information: Each Party shall keep the other informed of current residential address, email, and telephone number. Notices shall be in writing and delivered by [email/courier/registered mail] to the addresses above unless updated in writing.
10. Modification; Termination
- Modification: This Agreement may be modified only by a written instrument signed by both Parties and, where required, approved by the court. A substantial change in circumstances, as defined by applicable law, shall be grounds to seek judicial modification.
- Termination: This Agreement terminates when the support obligation ends under Section 4, subject to any accrued and unpaid amounts and obligations for add-on expenses incurred prior to termination.
11. Dispute Resolution
- Good-Faith Conference: The Parties shall first confer in good faith to resolve disputes regarding interpretation or performance of this Agreement.
- Mediation: If not resolved within thirty (30) days, the Parties agree to attempt mediation before filing any non-emergency motion, unless an expedited remedy is required to protect the Child’s welfare or enforce payment.
- Court: If mediation is unsuccessful or inappropriate, disputes may be submitted to the [competent court] for determination.
12. Miscellaneous
- Entire Agreement: This Agreement constitutes the entire agreement on child support between the Parties and supersedes all prior oral or written understandings on the same subject.
- Severability: If any provision is found invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be replaced by a valid provision that most closely reflects the Parties’ intent and the Child’s best interests.
- Counterparts; Electronic Signatures: This Agreement may be executed in counterparts and by electronic signatures, each of which shall be deemed an original and all of which together shall constitute one instrument.
Acknowledgment
The Parties acknowledge that they have read and understood this Agreement, believe it to be fair, and enter into it voluntarily for the Child’s best interests. Each Party affirms that they have had the opportunity to seek independent legal advice.
Signatures
Support Obligor (Parent A):
Name: __________________________
Signature: _______________________
Date: ___________________________
Support Obligee (Parent B):
Name: __________________________
Signature: _______________________
Date: ___________________________
Court Approval (if required)
Approved and incorporated into an order of the Court on: __________________
Judge: _________________________
Court: _________________________
Case No.: ______________________
Exhibit A (optional): Payment Instructions and Schedule
- Bank: _________________________
- Account Name/No.: _____________
- SWIFT/Branch: ________________
- Payment due: [1st/5th] of each month
- Monthly basic support: CNY 3,500.50
- Add-on sharing percentages: Medical (Obligor __% / Obligee __%); Education/Childcare (Obligor __% / Obligee __%)
