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How to execute the case of alimony after judgment

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How to execute the case of alimony after judgment


        

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  • 2024-06-24 02:00:01

    According to the provisions of the Civil Procedure Law, alimony belongs to the expenses of advance execution
    1、 After the court makes a judgment, the court may enforce the salary and other income of the obligor to pay maintenance fees.
    Civil Procedure Law of the People's Republic of China
    Article 106
    The people's court may, on the application of the party concerned, order advance execution in the following cases:
    (1) Claiming alimony, support, upbringing, pension and medical expenses;
    (2) Recourse for labor remuneration;
    (3) Urgent circumstances necessitate advance execution.
    Article 107
    If the people's court orders advance execution, the following conditions shall be met:
    (1) The rights and obligations between the parties are clear, and failure to advance the enforcement will seriously affect the life, production and operation of the applicant;
    (2) The respondent has the ability to perform.
    The people's court may order the applicant to provide security. If the applicant fails to provide security, the application shall be rejected. If the applicant loses the lawsuit, it shall compensate the respondent for the property losses suffered from the advance execution.
    Article 243
    If the person subjected to execution fails to perform the obligations specified in the legal document according to the execution notice, the people's court has the right to withhold or withdraw part of the income of the person subjected to execution from performing his obligations. However, the necessary living expenses of the person subjected to execution and his dependent family members shall be retained.
    When withholding or withdrawing income, the people's court shall make a ruling and issue a notice of assistance in execution, which must be handled by the unit to which the person subjected to execution belongs, banks, credit cooperatives and other units with savings business.

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