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What to do if the child support provider refuses to pay

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What to do if the child support provider refuses to pay


        

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  • 2024-06-25 23:00:57

    According to Article 37 of the Marriage Law of the People's Republic of China, after divorce, the other party shall bear part or all of the necessary living and education expenses for the children raised by one party. The amount of the expenses to be borne and the length of the period shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment. The amount of childcare fees may be determined according to the actual needs of the children, the affordability of both parents and the actual local living standard. If there is a fixed income, childcare fees can generally be paid at the rate of 20% to 30% of the total monthly income. The proportion of those who pay for the upbringing of two or more children may be appropriately increased, but generally shall not exceed 50% of the total monthly income. If there is no fixed income, the amount of childcare fees can be determined according to the total income of the year or the average income of the same industry, with reference to the above proportion. In case of special circumstances, the above proportion can be appropriately increased or reduced. If one party refuses to pay maintenance fees, it may bring a lawsuit to the court. 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 the ex husband fails to perform his childcare obligation, he can report this situation to the court of first instance, which will educate and warn the party who fails to implement the judgment, and urge him to perform his childcare obligation. If the ex husband still refuses to listen to the 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. From the above, we know that the standard of child support depends on the actual needs of children and the affordability of both parents. If one party refuses to pay the child support, the party directly raising the child can apply to the court for enforcement. If you have any questions, it is recommended to consult a professional marriage and family lawyer to avoid disputes.

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