If the man who does not directly support his children after divorce does not pay maintenance fees, the woman may bring a lawsuit in the name of the children to the court.
If the man still fails to implement the effective judgment on alimony made by the court after the court judges him to pay alimony, he may apply to the court for compulsory enforcement within two years after the expiration of the time limit for performance specified in the judgment.
Those who refuse to execute the judgment of the people's court may be detained for not more than 15 days.
Those who have the ability to execute and refuse to execute, if the circumstances are serious, will also constitute a crime and will be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.
[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.
Article 313 of the Criminal Law stipulates that anyone who has the ability to execute a judgment or order of a people's court but refuses to do so, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.
