CÓ ĐƯỢC YÊU CẦU CẤP DƯỠNG 01 LẦN CHO CON KHI LY HÔN KHÔNG?/CAN A LUMP-SUM CUSTODY SUPPORT PAYMENT BE

Legal situation: My husband and I are currently going through a divorce in court. We have a 3-year-old child together, and we have agreed that our child will live with me. Given that my husband has a stable financial situation, is it possible for me to request a lump sum child support payment?

FDVN’s opinion:

Thank you for your inquiry to FDVN Law Firm. After reviewing the relevant legal provisions, FDVN would like to provide the following response:

According to Article 117 of the Law on Marriage and Family 2014, child support can be paid on a monthly, quarterly, semi-annual, annual, or one-time basis. The parties may agree to change the method of child support, or to temporarily suspend child support payments if the person obligated to pay child support is facing financial difficulties and is unable to fulfill their obligation; if they cannot reach an agreement, the court shall decide.

Clause 3, Article 7 of Resolution 01/2024/NQ-HĐTP stipulates that "In cases where the parties cannot agree on a method of child support, the court shall decide on a monthly payment or another method that is suitable to the needs and interests of the child and the financial conditions of the person providing child support.

According to the aforementioned regulations, child support payments can be made on a monthly, quarterly, semi-annual, annual, or one-time basis, depending on the agreement between the parties or, if they cannot agree, a court order. The court's decision on the method of child support shall be based on (i) the child's needs and best interests and (ii) the financial conditions of the person providing the support. Consequently, if both parties agree to a one-time child support payment, the court will recognize and respect their agreement. However, if the parties cannot reach an agreement, the court will determine the most suitable method of child support based on the aforementioned factors.

The above is FDVN's legal advice in response to your inquiry, based on our research of relevant legal provisions. We hope this advice will be helpful to you.

Pham Thao Lawyer from FDVN Law Firm