If one party refuses to pay alimony, he or she can file a lawsuit in court.

Article 48 of my country's "Marriage Law" refuses to execute judgments or rulings on alimony, alimony, alimony, property division, inheritance, visitation of children, etc., the people's court shall enforce the execution in accordance with the law. . Relevant individuals and units should be responsible for assisting in implementation.

If the ex-husband fails to fulfill his child-rearing obligations, this situation can be reported to the court of first instance. The court of first-instance will educate and warn the parties who do not implement the judgment to urge them to fulfill their child-rearing obligations. If the ex-husband still refuses to listen to advice, refuses to receive education, and refuses to execute the judgment, according to the provisions of the Marriage Law, one party can apply to the court of first instance for compulsory execution.

When the court enters compulsory procedures, the parties generally need to apply to the court. According to Article 19 of the Regulations on Enforcement, legal documents and civil sanction decisions containing the content of alimony, support, and childcare that have become legally effective may be transferred by the trial court to the enforcement agency for execution. That is to say, effective legal documents with alimony, support, and childcare content can also be directly entered into the enforcement process by the court ex officio without application.

Methods for enforcement:

The first is to withdraw or withhold the respondent’s savings deposits or wages and other labor income. For example, ask the unit where the person subject to execution works to assist in deducting it from wages on a monthly basis;

The second is to seal up, detain, freeze, and sell off the property of the respondent. It means that after the property is sealed or detained, the execution officer orders the person subject to execution to perform the obligations determined by law within a specified period. If performance is not fulfilled within the time limit, the court may, in accordance with regulations, hand over the sealed or impounded property to the relevant unit for auction or sale. To force the obligated parties to perform their obligations.

Extended information:

"Marriage Law of the People's Republic of China"

Article 37: After divorce, the children raised by one party shall be To bear part or all of the necessary living expenses and education expenses, the amount of the expenses and the length of the period shall be agreed upon by both parties; if an agreement cannot be reached, the People's Court shall make a judgment.

An agreement or judgment regarding children's living expenses and education expenses shall not prevent the children from making reasonable demands to either parent when necessary that exceed the amount originally agreed upon in the agreement or judgment.

In judicial practice, the following three methods are often used:

1. One-time payment Although some people think that this method of payment should be used with caution, currently due to people’s economic There is a significant increase in income, job transfers are very frequent, and the court's execution efficiency is also taken into consideration; when the court decides that divorce involves child support, this method is often used. And this method is accepted by most parties.

2. Regular payments and offsets in kind Regular payments are generally paid monthly, quarterly or annually, and offsets in kind are often applicable to the missing party. The one-time payment or in-kind payment is generally based on the age of eighteen as the bottom line, that is, the specific amount is the monthly or annual support amount multiplied by the amount of child support until the child is eighteen years old, and the total is calculated and the one-time payment is completed.

After child support becomes legally effective, due to the variability of life, when the parents’ financial support ability and actual social living standards change, they can file a request to increase, reduce or exempt child support; children’s requirements Reasons for increasing child support include:

1. The original amount of child support is insufficient to maintain the actual local living standards;

2. The actual needs have exceeded due to the child’s illness, schooling, etc. The original amount. If the above-mentioned reasons occur and the parent does not support the child, it is obviously unfair for the parent to bear the costs if no additional expenses are incurred. Of course, both living expenses and education expenses should be based on reality. For larger amounts involved, they must be determined through negotiation between both parties, otherwise they will be borne by the party making the decision personally. What is more prominent now is the school selection fee. For example, rural children are sent to aristocratic schools to study. Whether it is a one-time payment of 50,000 or 100,000 yuan, both parties must negotiate how to bear the cost. As for the reduction and exemption of child support fees, it is mainly aimed at situations where the provider's ability to pay and economic income are reduced; or the child is under 18 years old but has labor income and can maintain his or her own living needs with his or her labor income. Since in current practice, monthly payments are larger, so the majority of changes in alimony payments are increases.

The judicial interpretation of the "New Marriage Law" that came into effect on December 27, 2001 clearly stipulates that children raised by parents only refer to "children who are still in school receiving high school education or below, or who have lost or not completely lost their jobs. Adult children who are unable to maintain a normal life due to non-subjective factors such as ability. "Obviously, the expenses for those with a college degree or above have been excluded from the parents' support obligations.

Reference materials:

Baidu Encyclopedia-Enforcement

Baidu Encyclopedia-Alimony