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How to solve the problem that the child and the mother and father don't pay maintenance fees

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How to solve the problem that the child and the mother and father don't pay maintenance fees


        

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  • 2024-06-23 19:00:49

    1. If it is divorce by judgment and the payment method of alimony is determined in the judgment, you can apply to the court for compulsory enforcement, but only for alimony for the last two years; In case of divorce by agreement, it is recommended to immediately file a lawsuit to the court and require the other party to pay child support fees on a monthly basis until the age of 18.
    2. After divorce, the other party shall bear part or all of the necessary living expenses and education expenses for the children supported by one party. The amount and duration of the expenses shall be agreed by both parties. If the agreement fails, the court shall make a judgment. Therefore, after divorce, both parties' child support fees are the same. If the children live with one party, the other party shall bear the necessary expenses. The amount of alimony is generally determined according to the actual economic capacity of the payer, which generally does not exceed 30% of his income. As for the term of alimony, it is usually from the time of divorce until the children can live independently. The law does not stipulate how to pay living and education expenses. According to practice, it can be paid in a lump sum or in installments. In particular, if one party has sufficient economic conditions, it is encouraged to pay in a lump sum. If the party liable for payment violates the agreement or judgment, refuses to implement it, and intentionally defaults, the court may enforce it at the application of the other party. Of course, some parties who live together with their children have better economic conditions and voluntarily do not pay the other party's alimony.
    3. After the judgment of the court, if the other party has no property and no income during the enforcement, the legal consequences of the suspension of enforcement may result. This situation has been maintained. When a child grows up, if his father is unable to work or has difficulties in life, he cannot refuse to raise his father. (Except, of course, following his father's example and refusing to perform his obligations). First, make sure whether the other party really has no property to enforce. When necessary, an investigation company (i.e. a private detective) can be hired to investigate his whereabouts and property status, and the clues of his residence, contact information, and property available for execution will be provided to the court for enforcement as soon as they are found.

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