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How to Deal with Husband's Extramarital Affair and Divorce without Paying Support

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How to Deal with Husband's Extramarital Affair and Divorce without Paying Support


        

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  • 2024-06-25 15:01:10

    1. The woman can collect evidence of his infidelity, then directly go to the court to sue for divorce and ask for the custody of the child, and then reasonably ask for alimony. If not, she can apply for enforcement.
    2. After negotiation, if negotiation fails, the following payment shall be made:
    (1) If there is a fixed income, alimony can generally be paid at the rate of 20%~30% of the total monthly income. For those who bear the maintenance fees for two or more children, the proportion may be appropriately increased, but generally shall not exceed 50% of the total monthly income. The so-called total monthly income refers to the total amount of fixed remuneration received in a month, such as basic salary, grade salary, post salary, seniority salary, allowance, bonus, living allowance and other income.
    (2) If there is no fixed income, the amount of alimony may be determined according to the total income of the current year or the average income of the same industry and with reference to the above proportion.
    (3) In case of special circumstances, the above proportion can be appropriately increased or reduced. For example, if the income gap between the two sides is very large, one side has a heavy burden, or life is difficult to maintain, the other side should increase the proportion appropriately, and the party with less income can reduce the proportion accordingly.
    3. It can be reported to the court of first instance that the court of first instance will educate and warn the parties who do not execute the judgment, and urge them to fulfill their obligations of raising children. If the ex husband still refuses to listen to advice, accept education and execute the judgment, one party may 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. The effective legal documents with the contents of alimony, alimony and upbringing fees can also be directly entered into the compulsory execution process by the court on its own authority without application.
    4. 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.

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