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Can we sue if we don't pay the agreed divorce alimony?

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Can we sue if we don't pay the agreed divorce alimony?


        

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  • 2024-06-06 04:00:49

    Agreed divorce alimony cannot be sued.

    After the judgment of the court, if the other party still fails to perform the effective judgment and pay child support fees, the party concerned may report to the court of first instance, and the court of first instance shall educate and warn the party who fails to implement the judgment to urge it to perform its obligations of child support. If the party still refuses to listen to advice, accept education and execute the judgment, according to the provisions, the party may apply to the court of first instance for compulsory execution.

    Methods of enforcement:

    1、 Withdraw and detain the respondent's savings deposits or wages and other labor income. If the unit of the person subjected to execution is requested to assist in deduction from his/her salary on a monthly basis;

    2、 Sealing up, distraining, freezing or selling off the property of the respondent means that after the property is sealed up or distrained, the executor orders the respondent to perform the obligations determined by law within a specified period of time.

    If the party fails to perform within the time limit, the court may, according to the provisions, hand over the sealed up or distrained property to the relevant unit for auction or conversion, and force the party liable to perform its obligations.

    [Legal Basis]

    Article 1085 of the Civil Code states that if a child is directly supported by one party after divorce, the other party shall bear part or all of the maintenance fees. The number of expenses to be borne and the length of the time limit shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment.

    The agreement or judgment mentioned in the preceding paragraph shall not prevent children from making reasonable demands to either of their parents when necessary in excess of the amount originally set in the agreement or judgment.

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