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What can we do if we can't find someone after divorce without paying alimony

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What can we do if we can't find someone after divorce without paying alimony


        

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  • 2024-06-25 01:01:44

    (1) Article 21 of the Marriage Law of our country stipulates that: "When parents fail to perform their obligations of support, children who are minors or cannot live independently have the right to ask their parents to pay support fees." "Support fees" include children's living expenses, education fees, medical fees and other expenses. "Children unable to live independently" refers to adult children who are still receiving high school education or below, or who are unable to maintain a normal life due to non subjective reasons such as losing or not completely losing their ability to work. If they fail to perform their childcare obligations, they can report the situation to the court of first instance, and the court of first instance will educate and warn the parties who fail to implement the judgment to urge them to perform their childcare obligations. If one party still refuses to listen to advice, accept education and execute the judgment, according to the Marriage Law, one party can apply to the court of first instance for compulsory execution. When the court enters the compulsory procedure, it generally requires the parties to apply to the court. According to Article 19 of the Provisions on Implementation, legal documents and civil sanction decisions that have become legally effective and contain the content of payment of alimony, alimony and upbringing fees may be transferred by the court to the enforcement agency for implementation. That is to say, effective legal documents with alimony, alimony and upbringing fees can also be directly entered into the compulsory execution process by the court on its own authority without application. Methods for enforcement: First, 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; The second is to seal up, distrain, freeze and sell off the property of the respondent. It means that after the property is sealed up or distrained, the executor orders the person subjected to execution to perform the obligations determined by law within a specified period of time. If it fails to perform within the time limit, the court may, in accordance with the provisions, hand over the sealed up or distrained property to the relevant units for auction or conversion. Force the obligated parties to perform their obligations.
    (2) If one party has no economic income or is missing, which leads to the other party's failure to receive maintenance fees, its property can be used to offset the child care fees; If the party who does not give alimony has reduced the payment, he can reduce the payment. The reduction of benefits mainly refers to the fact that the paying party is unable to pay the original amount due to long-term illness or incapacity, economic difficulties, and the supporting party can afford most of the child's maintenance fees.
    (3) If one party refuses to pay the judgment or order of the people's court on maintenance fees, the other party may apply to the court for compulsory execution, and other units or individuals concerned shall assist in the execution. If one party fails to enforce the alimony that should be paid as agreed in the divorce agreement, the other party cannot directly apply to the people's court for compulsory enforcement, but must file a civil lawsuit to the people's court, and request the court to order the other party to perform its obligations with the original agreement as evidence.

    Yes***

    2024-06-25 01:01:44

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