Post-divorce alimony: Parental rights and obligations

ost-divorce alimony: the rights and obligations of parents are issues that arise in most divorces with common children, but not everyone understands the provisions of the law. Who is obliged to support? How is the alimony level determined? Is it possible to request to change or terminate the alimony obligation? The following article will help you understand important legal regulations, avoid unnecessary disputes and best protect the rights and interests of children after divorce.

1. What is alimony?

Alimony is an individual's contribution of money or property to serve the essential needs of a person who does not live together but is married, blood or has an obligation to care for and nurture.

The alimony is applied to the following cases:

- Persons under 18 years of age.

- Persons who are full 18 years old but unable to work.

- People who do not have enough property to support themselves.

2. After divorce, who is obliged to support?

Support obligation means that a person is obliged to contribute money or other property to meet the essential needs of a person who does not live with him or her but has a marital, blood or nurturing relationship in case such person is a minor, an adult who is unable to work and has no property to support himself or herself encountering difficulties or neediness under the provisions of this Law.

This is the definition stated in Clause 24, Article 3 of the Law on Marriage and Family 2014. Accordingly, alimony only occurs when the following conditions are met:

- The supported person is a minor, an adult who is unable to work, has no property to support himself or herself or is facing difficulties;

- The supporter and the supported person have a marital, blood or nurturing relationship.

- These people do not live together.

Therefore, upon divorce, the following people will have an alimony relationship:

- Parents who do not directly raise their minor children, adult children who do not have property to support themselves or are unable to work are obliged to support their children. In particular, even if parents have limited rights to their minor children, they must still support their children (according to Clause 2, Article 82 and Clause 3, Article 87 of the Law on Marriage and Family).

- After divorce, the spouse is obliged to support the other party if one party is in difficulty, needy, has a request for alimony and has a plausible reason (according to Article 115 of the Law on Marriage and Family).

3. What is the minimum level of child support after divorce?

Article 116 of the Law on Marriage and Family 2014 stipulates the level of child support after divorce as follows:

- The level of child support after divorce is agreed upon between the supporter and the supported person/guardian of the supported person based on the essential needs of the support recipient and the actual capacity and income of the supporter.

- In case the parties cannot agree on the level of support after divorce, they may send a request for settlement to the Court.

In addition, according to the provisions of Resolution 01/2024/NQ-HDTP:

- Child support after divorce is all expenses for the purpose of nurturing, caring for and studying children.

- If the parties cannot agree on the level of child support, the Court will base on the same factors as the case of the parties themselves to make a decision on the level of support.

- The alimony level set by the Court will be higher than or equal to 1/2 month of the regional minimum salary at the place where the alimony provider resides for each month of performance of the support obligation.

Specifically, the minimum level of child support after divorce is calculated according to the regional minimum wage (specified in Article 3 of Decree 74/2024/ND-CP)

Regarding the mode of alimony, Article 117 of this Law stipulates that the alimony can be carried out monthly, quarterly, semi-annually or once. The parties can also agree on the method of alimony, if they cannot reach an agreement, they will request the Court to settle it.

Therefore, the law does not stipulate the limit of the alimony level, but is completely based on the agreement of the parties or based on the income and conditions of the needs of the parties. In case the wife and husband cannot reach an agreement on the obligation to support the child, they can request the Court to settle it. The Court will declare the alimony level in accordance with the provisions of law and the actual conditions of the parties.

4. Is it possible to request a change in the level of alimony?

According to Article 116 of the Law on Marriage and Family 2014, the level of alimony may be changed when there is a plausible reason, based on:

- The alimony level shall be agreed upon by the person who has the obligation to support and the person who is supported or his/her guardian based on the income, actual capacity of the person who has the obligation to support and the essential needs of the person who is obliged to support; if they cannot reach an agreement, they shall request the Court to settle it.

- When there is a good reason, the level of alimony may change. The change of the alimony level shall be agreed upon by the parties; if they cannot reach an agreement, they shall request the Court to settle it.

If no agreement can be reached, one of the parties has the right to request the Court to decide on the change of the alimony level.

5. Is it possible to terminate the alimony obligation?

According to Article 118 of the Law on Marriage and Family 2014, the alimony obligation terminates in the following cases:

- The supported person is an adult and capable of working or has property to support himself/herself;

-. The supported person is adopted;

- The support person has directly nurtured the supported person;

- The supporter or the supported person dies;

- The party receiving support after the divorce is married;

- Other cases as prescribed by law.

Note: For adult children who have lost their civil act capacity, are unable to work or have no property to support themselves, parents may still have to continue to perform the support obligation according to the provisions of the Law on Marriage and Family.

6. What is the role of a lawyer in settling alimony after divorce?

After divorce, disputes over alimony often arise related to the level of alimony, the method of alimony, the time of performance or the failure of one party to perform their obligations. The support of a lawyer will help the parties protect their legitimate rights and interests, especially the interests of their children.

Lawyers can assist:

- Advising on legal regulations on parental support rights and obligations according to the Law on Marriage and Family 2014.

- Assess the appropriate level of alimony based on the income, financial capacity of the obligor and the essential needs of the supported person.

- Drafting dossiers and petitions for change of alimony levels, requests for performance of alimony obligations or termination of alimony obligations as prescribed.

- Collect and prepare evidence proving income, economic conditions, support needs or related legal grounds.

- Negotiation and mediation representation to help the parties reach an agreement and limit the occurrence of protracted disputes.

- Participate in the protection of legitimate rights and interests at the Court, especially in case of disputes over the obligation to support or request the enforcement of judgments and decisions of the Court.

Final Thoughts

The above article has helped you understand post-divorce alimony: the rights and obligations of parents in accordance with the law, including who has the obligation to support, how to determine the level of alimony, the method of implementation, cases in which the alimony obligation is requested to be changed or terminated, as well as important legal notes. Understanding these regulations not only helps parents properly perform their rights and obligations but also best ensures the legitimate rights and interests of their children after divorce.

In the event of a dispute or need assistance in resolving issues related to post-divorce support, HTC Vietnam Law Firm is ready to advise, evaluate the dossier and provide appropriate legal solutions to protect the legal rights and interests of clients to the maximum.

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Best regards!

(Written by: Le Trang Nhung; Date written: 11/7/2026)

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