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How about refusing to pay alimony and not paying alimony after being detained for days

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How about refusing to pay alimony and not paying alimony after being detained for days


        

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  • 2024-06-24 04:00:01

    Judicial detention for refusing to pay alimony. If the court later finds that there is still a situation of being able to pay but not paying, the court can still take judicial detention measures. If the circumstances of refusing to execute the judgment are serious, such as malicious transfer of property to evade execution, it is suspected of constituting the crime of refusing to execute the judgment, and may also be sentenced (to prison).
    2、 The law stipulates that in divorce cases, alimony does not only refer to living expenses, which is interpreted in the Marriage Law
    (1) Article 21 clearly stipulates that "alimony" includes three items, namely, living expenses, education expenses and medical expenses. According to the "Several Specific Opinions of the Supreme People's Court on the People's Court's Handling of Child Support Issues in the Trial of Divorce Cases", "If there is a fixed income, the maintenance fees can generally be paid at the rate of 20% - 30% of the total monthly income, and if there are more than two children, the ratio can be appropriately increased, but generally not more than 50% of the total monthly income..." In divorce cases, Child support should be paid in accordance with the law, although there will be regional and economic differences in individual cases.
    1. In general, the following three factors should be taken into account when calculating the amount of child support:
    ① The actual needs of children;
    ② Affordability of both parents;
    ③ Local actual living standard.
    2. After divorce, the parents who do not live with their children can be divided into:
    ① If there is a fixed income, the amount of alimony is generally 20% - 30% of the total monthly income. For those who bear the care of more than two children, the proportion may be appropriately increased, but generally shall not exceed 50% of the monthly income. Here, "total monthly income" refers to total wages, including wages, bonuses, etc. This can be investigated by applying for a court order of investigation;
    ② If there is no fixed income, the amount of alimony may be based on the current year's income or the average annual income of the same industry, with reference to
    ① OK.
    ③ If there are special circumstances, such as children suffering from serious diseases for a long time, or children with disabilities, they can be appropriately increased. The person who refuses to pay the alimony and is detained for 15 days without paying the alimony may also be subject to judicial detention. If the circumstances of the party's failure to pay maintenance fees are relatively serious, it may also constitute a crime and bear criminal responsibility. It is the duty of parents to bring up their children. Regardless of whether the parents live together or not, the duty of bringing up their children should be fulfilled until the child has reached the age of 18.

    Y***

    2024-06-24 04:00:01

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