Cấp dưỡng nuôi con sau ly hôn: mức tính và cách thay đổi (Luật sư Lê Bình Phương phân tích)Child Support After Divorce: How It Is Calculated and How to Change It (Analysis by Lawyer Lê Bình Phương)

Reference translation for convenience. The Vietnamese version is the authoritative text.

Overview

After a divorce judgment, the questions “what is the correct amount of support” and “can it be changed” are among the most common problems that both sides need to understand clearly. The parent with the support obligation wants to know the limit; the parent directly raising the child wants to know the minimum that is guaranteed. The reality is that Vietnamese law does not lay down a specific figure — but it does have clear principles for determining it.

Relevant Legal Provisions

On the support obligation:

Article 110 of the Law on Marriage and Family 2014 (52/2014/QH13) provides that the father and mother have a duty to support minor children and adult children who are incapable of working and have no property to support themselves. This obligation exists independently — it does not depend on whether the obligor is allowed to exercise the right of visitation.

On the amount of support:

Clause 1 of Article 116 provides that the amount of support is agreed by the person with the support obligation and the person receiving support (or their guardian), based on the income and actual capacity of the obligor and the essential needs of the recipient; if no agreement can be reached, the matter is referred to the court for resolution.

Clause 2 allows the amount of support to be changed where there is a legitimate reason — a significant change in the circumstances of the person providing or the person receiving support.

On the method of support:

Article 117 provides that support may be paid periodically — monthly, quarterly, annually — or in a single lump sum, by agreement. If no agreement can be reached, it is paid monthly.

Analysis and Application

The amount of support — no fixed figure, but a practical range. The court does not apply a rigid percentage. Judicial practice usually considers: (1) the obligor’s actual income — including informal income; (2) the actual cost of the child’s nurturing and schooling; (3) the family’s general standard of living before the divorce. The range the court commonly considers falls around 15–25% of monthly income, but this is not a statutory rule.

Lump-sum support — its advantages and risks. Article 117 allows lump-sum support if the two sides agree. The advantage: the parent raising the child receives the full amount at once, without depending on the other side’s monthly goodwill. The risk: if circumstances change (the child incurs major expenses, or the recipient uses the money for the wrong purposes), there is no flexible adjustment mechanism as there is with periodic support.

Changing the amount of support — not automatic; a petition is required. Clause 2 of Article 116 allows a change but requires proof of a genuine change of circumstances: the obligor loses their job, with income falling sharply; or the child’s costs increase due to extra tuition, illness, or developmental needs. The court does not adjust automatically — a petition with specific evidence is required.

According to lawyer Lê Bình Phương, the person with the support obligation may not reduce or stop payments of their own accord on the view that the amount is too high. Non-payment may be subject to coercive enforcement of the judgment, including direct deduction from wages. To change the amount, one must go through a petition to the court — it cannot be handled unilaterally.

Real-World Situation

Mr K and Ms B divorced in 2023. The court ordered Mr K to pay VND 5 million/month in support for their 6-year-old child. By 2025, Mr K had switched to freelance work, with unstable income. He wanted to reduce the amount to VND 3 million, but Ms B did not agree.

The way forward: Mr K files a petition asking the court to reconsider the amount of support under Clause 2 of Article 116, together with documents proving his current actual income (contracts, income statements, bank statements). If the court confirms that his income has fallen significantly, the amount of support may be adjusted. While awaiting the result, Mr K must continue to pay the old amount under the judgment — he may not reduce it of his own accord.

Frequently Asked Questions

How much is child support after divorce?
There is no fixed amount — it is set by agreement or decided by the court.

According to lawyer Lê Bình Phương, Clause 1 of Article 116 provides that the amount is based on the obligor’s actual income and the child’s needs. Judicial practice does not apply a rigid percentage, because every family’s circumstances differ. An agreement is always preferred; the court intervenes only where no agreement can be reached.

Can a change of support be requested after the judgment?
Yes, where circumstances change significantly under Clause 2 of Article 116.

According to lawyer Lê Bình Phương, both sides have the right to request it — the obligor seeking a reduction when income falls, and the recipient seeking an increase when the child’s costs rise. The key is to be able to prove a genuine change of circumstances, not a subjective assessment.

Is lump-sum support lawful?
Yes, Article 117 allows it if the two sides agree.

According to lawyer Lê Bình Phương, lump-sum support is suitable where the obligor has substantial assets (real estate, savings) and wishes to settle the obligation once and for all. However, it must be carefully calculated, because once agreed and paid it is difficult to seek an adjustment later.

Important Notes

The support obligation and the right of visitation are two independent legal obligations. The parent raising the child may not refuse visitation on the ground that the other side has not yet paid support — and conversely, the obligor may not stop paying support because they are being obstructed from visiting. The two issues must be resolved through their respective legal channels.

A child who has turned 18, has a job, and can support themselves brings the support obligation to an end under Article 110 — unless the adult child is incapable of working. No court declaration of termination is needed; the obligation ends automatically when the conditions laid down by law are no longer met.

Related Articles

• Divorce and child custody: what you need to know

• The full picture of divorce and child custody: the core legal issues

• Conditions and procedure for changing the parent directly raising the child

• Dividing common property on divorce: rules and practice

• Gathering evidence of adultery lawfully and in a form the court will accept

Conclusion

Child support is not a fixed figure but the result of an agreement or a ruling based on Articles 116 and 117 of the Law on Marriage and Family 2014 — balancing the obligor’s capacity against the child’s actual needs. When circumstances change, there is a right to request an adjustment — but it must go through the court; it cannot be handled unilaterally.

See also: Who is Lawyer Lê Bình Phương?