When a marriage comes to an end and a divorce lawsuit is imminent, one of the most important concerns is ensuring you can receive child support and alimony. Even if you can’t provide a complete family, your children's rights should not be sacrificed.

This article thoroughly explains the definitions of alimony and child support, summarizes the calculation methods, eligibility restrictions, and key considerations so you know how to protect your legal rights and secure a better future for your children.

Understanding Alimony and Child Support: Don't Let Your Child's Rights Be Compromised

The definition of alimony, according to Article 1057 of the Civil Code, is as follows:

"After a court-ordered divorce, if one party is not at fault and ends up in financial hardship, the other party—even if also not at fault—should pay a reasonable amount of alimony to ensure the quality of life for the children."

To qualify for alimony, two conditions must be met:

• The divorce must be court-ordered.
• The party requesting alimony must be without fault and in financial distress.

As for child support, Article 1116-2 of the Civil Code states:

"The obligation of parents to support their minor children is not affected by the annulment or dissolution of marriage."

Therefore, even after divorce, and regardless of custody rights, both parents must still fulfill their obligation to support their minor children.

Whether applying for alimony or child support, it does not matter who initiated the divorce. As long as the individual was not at fault in the marriage and has been materially affected, they can apply for both types of relief.

The following chart summarizes the differences between alimony and child support for easy reference.

What’s the Difference Between Alimony and Child Support?

Child support refers to the expenses for raising children. It can be mutually agreed upon and documented in a divorce agreement.

Alimony, on the other hand, is only applicable in court-ordered divorces. If a divorce is decided by mutual agreement without a court ruling, alimony cannot be requested. Moreover, just being the party who initiates the lawsuit does not automatically qualify one for alimony. The court must determine that the divorce was entirely the other party’s fault and that the requesting party is suffering financially after the divorce.

How to Pursue Alimony and Child Support Through Legal Channels

Alimony, child support, and child custody are closely linked. It is generally advised to negotiate and include these terms in the divorce agreement.

If there is concern about loss of rights, professional legal consultation is recommended. If negotiations fail, you can then pursue a lawsuit and let the court decide.

One crucial point: alimony must be requested before the divorce is finalized. Once the divorce has been signed and registered, you cannot go back and request alimony.

Child support, however, is not limited in this way. Even if the couple was never married, one parent can still demand support from the other due to the inherent parental obligation.

Related Reading: How to Choose a Marital Property Regime to Protect Both Parties’ Interests – A Complete Guide to 3 Systems

How Is Alimony and Child Support Calculated? Based on Statistics from the Directorate-General of Budget, Accounting, and Statistics (DGBAS)

Alimony is determined by the judge, who refers to the DGBAS’s report on average monthly consumption per person as a baseline. The judge also considers the requesting party’s age, health, and financial status, as well as the paying party’s financial capabilities.

Payment types include lump sum, installments, or regular fixed payments.

Child support is similarly calculated based on the parents’ income, custody rights, and caregiving effort. The court typically references the average monthly consumption figures from the DGBAS and considers the city or county where the child lives and the parents’ financial situations.

For example, in Taipei, the average monthly spending per person is NT$28,550; in Pingtung, it is NT$18,952.

The proportion of the support payment is case-specific. If the father earns more but the mother provides most of the caregiving, the ratio might be 5:1. If the mother has more stable income and the father is in debt, the ratio could be 2:3.

If both parents have low income, the court may refer to the Ministry of Health and Welfare’s “Minimum Living Costs” data. For example, Taipei’s figure differs by nearly NT$6,000 from the average consumer spending.

Note: Support amounts should be tailored to actual circumstances. Relying solely on statistical averages can result in unfair outcomes.

Related Reading: How Is Alimony Calculated? Understand the Factors and Plan for Your Future After Separation

Common Questions About Alimony and Child Support – Know Your Rights

Here are four frequently asked questions regarding alimony and child support. Familiarizing yourself with these basics before applying or going to court can help protect your rights.

• Q1: How long can you receive alimony?

  Alimony is usually paid as a one-time amount. It must be requested before the divorce agreement is signed.

• Q2: How long can you receive child support?

  Child support must be paid monthly until the child turns 20 or graduates from university.

• Q3: Can alimony be refused?

  Alimony is not automatically granted upon divorce and must meet certain legal conditions. If the court rules that it is not necessary, the paying party has no obligation to provide it.

• Q4: Can child support be refused?

  According to Taiwanese law, supporting minor children is a parental obligation, regardless of marital status.

  If the divorce agreement clearly specifies the payment method (e.g., amount and due date), and the other party refuses to pay, the child (through a legal representative) can file a petition in court.

  If the child support terms have been notarized by the court and the divorce is officially registered, you can skip litigation and directly request enforcement through the court using the agreement and notarization documents.

Yitong Investigation – Professional Support to Help You Secure Alimony and Child Support, Protecting Your Child’s Future

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Need help fighting for alimony, child support, or facing divorce-related issues? Contact us today and let us help you protect your legal rights.