When a couple with a minor child divorces, write into the divorce agreement who the child lives with, how much monthly support is, and the form and times of visitation: the more specific the writing, the fewer later lawsuits after divorce

Who the child lives with, how much is paid each month, and when you can see the child can be written into the agreement by negotiation. If you cannot agree the court decides; with fixed income, support is generally 20% to 30% of the paying side’s monthly income. If written amounts are not paid, you can sue to recover them. If the other side blocks visitation, the court can fine or detain them, but it will not forcibly take the child to see you.

Cost

Writing it into the agreement at negotiated divorce costs no money. The hard part is sitting down to work out details — which day of the month to pay, which account, which weekend to pick up the child, how to split winter and summer holidays. If you cannot agree you have to sue. The divorce-case acceptance fee is 50 to 300 yuan per case. Lawyer fees are yours; they are not among the litigation costs the losing side must bear. Ordinary first-instance procedure starts at 6 months and can be extended; summary procedure is 3 months. Disputes over support or visitation after divorce require a separate suit.

Benefit

The Civil Code provides that how much support is paid and for how long, and the form and times of visitation, are first agreed by both sides; if agreement fails the court decides. A child under two years old in principle lives with the mother. From age two, judgment follows “the principle most favorable to the minor child.” From age eight, the child’s own wishes are to be respected. From February (2) 2025, where one side has domestic violence, gambling or drug use, an affair or cohabitation, or has seized or hidden the child, the court preferentially considers letting the other side raise the child. The support amount looks at the child’s actual needs, the parents’ means, and local living standards. With fixed income, it is generally 20% to 30% of total monthly income. With two or more children the share may rise, but generally not above 50% of total monthly income. Without fixed income, refer to that year’s total income or the industry average at that share. For example, monthly income of 8000 yuan at that share is 1600 to 2400 yuan a month (self-calculated). Support generally runs to age 18. After an agreement or judgment sets the amount, the child may still when necessary claim reasonable costs above the original amount — for example illness or schooling that exceeds it. An agreement that one side pays no support is also valid. But if the custodial side’s living standard falls markedly, or the child’s necessary costs rise markedly, the child may still ask the other side to pay. Support not paid as agreed after divorce can be sued for as arrears. After a judgment or mediation document takes effect, if the other side does not perform, you can apply for compulsory enforcement. A person who refuses to assist visitation may be detained or fined, but “compulsory enforcement cannot be carried out against the child’s person or the visitation act” (nationwide).

Notes

20% to 30% is the court’s reference line for judgment, not a floor for agreements; the two of you can agree another figure. When writing the agreement, put payment day, account, and end date clearly, and write visitation to which weekday, what time for pickup and drop-off, and how holidays are split, so there is evidence later. If a parent or relative seizes or hides the child, you can apply to a court for a personal-safety protection order — see Section 8, item 43 (personal-safety protection order). Divorce procedure and the cooling-off period are in item 15 of this section (cost of leaving). The first beneficiary is the child; next is you.

Sources · 5

1. 全国人大 (2020). 民法典（第一千零八十四至一千零八十六条）. spp.gov.cn/spp/fl/202006/t20200602_463888.shtml
2. 最高人民法院 (2020). 关于适用《民法典》婚姻家庭编的解释（一）（法释〔2020〕22 号，第四十四至五十三、五十五、五十八、六十一、六十五至六十八条）. court.gov.cn/fabu/xiangqing/282071.html
3. 最高人民法院 (2025). 关于适用《民法典》婚姻家庭编的解释（二）（法释〔2025〕1 号，第十二、十四、十六、十七条）. court.gov.cn/zixun/xiangqing/452771.html
4. 全国人大常委会 (2023 修正). 民事诉讼法（第一百一十四、一百五十二、一百六十四、二百四十七条）. amr.guizhou.gov.cn/zwgk/xxgkml/jcxxgk/zcfg/fl…
5. 国务院 (2006). 诉讼费用交纳办法（国务院令第 481 号，第六、十三、二十九条）. gov.cn/ziliao/flfg/2006-12/29/content_483682.htm