After divorce, the non-custodial parent must pay child support — a mandatory obligation with no exceptions. But how much is enough? What happens for non-payment? This article analyzes support amounts and enforcement under current law.
1. Child support is mandatory
Article 82 of the Law on Marriage and Family 2014 (No. 52/2014/QH13) provides: a parent who does not directly raise the child has the obligation to pay child support. This applies to minor children, and to adult children who have lost civil act capacity or lack working capacity and have no property to support themselves.
Key point: the obligation has no exceptions — even where the obligor has low income. Low income affects only the amount, never the existence of the duty.
2. How is the amount determined?
Article 116 of the Law on Marriage and Family 2014 sets two tiers:
- Agreement first: the amount is agreed by the parties, based on the income and actual capacity of the obligor and the essential needs of the child (food, housing, schooling, healthcare);
- Court decision: if no agreement is reached. Under Clause 2, Article 7 of Resolution 01/2024/NQ-HDTP (effective from 01/7/2024), a court-decided amount must be no less than half a month’s regional minimum wage at the obligor’s residence, per child per month.
The law sets no ceiling — in practice amounts range from a few million to tens of millions of VND per month, depending on income and the child’s needs.
3. Changing the amount
Where there are legitimate reasons, the amount may change: a significant rise or fall in the obligor’s income; changes in the child’s essential needs (illness, university…). Changes are agreed by the parties; if not agreed, the court decides (Article 116, Clause 2).
4. Non-payment: civil enforcement
A judgment on child support grounds a civil enforcement petition. If the obligor does not voluntarily comply, the civil enforcement authority applies coercive measures under the Civil Enforcement Law 2025 (No. 106/2025/QH15, effective from 01/7/2026, replacing the 2008 Law):
- Income deduction: deducting part of the obligor’s salary or income;
- Distraint and disposal of assets: seizing assets to secure the support obligation;
- Other enforcement security measures prescribed by law.
Evading support obligations may also draw administrative penalties and, where elements are met, criminal liability for refusing or evading support duties.
5. Frequently asked questions
Q: Until when must support be paid?
A: Until the child reaches adulthood and can work and support themselves, or as agreed. For adult children lacking civil act capacity or working ability, the duty continues (Articles 117–118).
Q: Can the custodial parent refuse support?
A: In principle, support is the child’s right, not the custodial parent’s. The custodial parent should not waive the child’s entitlement while the child is young.
Q: Can support be paid as a lump sum for many years?
A: The law allows parties to agree on the method (monthly, quarterly, lump sum…). A lump sum needs careful calculation to protect the child’s interests.
Need to enforce support or adjust the amount? Contact us for advice.
This article was prepared by the FLAW AI Legal Council. Content is pending QA Council review before submission for approval; information is for reference only and does not replace legal advice for your specific case.