Alimony has not been paid after the divorce! What should I do if the enforcement is not given?

Hello, first of all, we need to clarify whether the agreement between the two of you on post-divorce alimony is enforceable. Because it is enforceable against an effective judgment or mediation agreement of the court, it can be applied to the court for compulsory enforcement after it is obtained. If it is only a divorce agreement between the two of you, it does not have the effect of direct enforcement.

Secondly, if the alimony between you is recorded in the effective mediation document and judgment, and the other party still does not enforce it after applying for compulsory enforcement, and the person subject to enforcement fails to perform the obligations determined in the legal document according to the enforcement notice, the people's court has the right to inquire about the property of the person subject to enforcement, such as deposits, bonds, **, **shares, etc. The people's courts have the right to seize, freeze, transfer, or sell the property of the person subject to enforcement according to different circumstances. People's courts must not inquire about, seize, freeze, transfer, or sell property beyond the scope of the obligations that the person subject to enforcement shall perform.

When a people's court decides to seize, freeze, transfer, or convert property, it shall make a ruling and issue a notice of assistance in enforcement, and the relevant units must handle it.

Finally, according to the law, if the person subject to enforcement refuses to perform the effective documents of the court, and the circumstances are relatively serious, the court may collect evidence in accordance with the law and hand over the case to the public security organ to investigate his criminal responsibility in accordance with the law.

[Relevant Laws].

Provisions of the Supreme People's Court on Several Issues Concerning the Enforcement Work of the People's Courts

17 The enforcement of effective legal documents shall generally be applied for by the parties in accordance with law.

Legal documents and civil sanction decisions that have the content of alimony, alimony, or child support payments, as well as judgments, rulings, and mediation documents attached to criminal cases, are to be transferred by the trial division to the enforcement agency for enforcement.

Code of Civil Procedure

Article 242:Where the person subject to enforcement fails to perform the obligations set forth in the legal document in accordance with the enforcement notice, the people's court has the right to inquire about the property of the person subject to enforcement, such as deposits, bonds, **, and **shares, from the relevant units. The people's courts have the right to seize, freeze, transfer, or sell the property of the person subject to enforcement according to different circumstances. People's courts must not inquire about, seize, freeze, transfer, or sell property beyond the scope of the obligations that the person subject to enforcement shall perform.

When a people's court decides to seize, freeze, transfer, or convert property, it shall make a ruling and issue a notice of assistance in enforcement, and the relevant units must handle it.

Hello, glad to answer for you. In your case, if the court or the divorce agreement specifies the responsibility for child support, if the other party has not paid, you can deal with it in the following ways:1

If the other party has a work unit, they may request the court to forcibly allocate child support from the salary of the unit; 2.If the other party has an account, provide the account information of the other party and request a one-time payment from the account; 3.Where they do not have a work unit or an account, they may make a list of their personal property and request that the court auction off their personal property and use their property to offset child support.

The people's court will conduct an economic investigation of the economic situation of the person subject to enforcement, and if after the investigation by the people's court, the person subject to enforcement is found to have no property for enforcement, then in this case, the court can choose to suspend the enforcement, but this does not mean that the liability is exempted. If the party subject to enforcement is required to pay alimony and finds that he has thrown away other property, the party requesting payment may request the people's court to enforce it again at any time. If it is found that the person subject to enforcement has maliciously transferred property, the person subject to enforcement needs to bear the corresponding legal responsibility.

Article 1085 of the Civil Code [Burden of Child Support after Divorce] After divorce, if the children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

An agreement or judgement concerning the maintenance and education of the child shall not prevent the child from making a reasonable demand to either parent, if necessary, in excess of the amount originally agreed upon in the agreement or judgment. The enforcement prescribed by the court mainly includes the following methods:1

Inquire or freeze the deposit of the person subject to the application for enforcement, as well as transfer. 2.Regarding the withholding or withdrawal of the respondent's income by the law enforcement agency.

3.The property of the person subject to enforcement shall be sold, auctioned, seized, or sealed. Hope mine helps you!

It is possible to sue for alimony.

If the court still does not pay after the court judgment has been issued, then the court can be applied to enforce the other party's property.

According to the Marriage Law of the People's Republic of China:

Article 48: Where there is a refusal to enforce judgments or rulings on alimony, child support, alimony, division of property, inheritance, visitation of children, and so forth, the people's courts are to enforce them in accordance with law. Relevant individuals and units shall be responsible for assisting in implementation.

Therefore, a lawsuit may be filed against a person who refuses to enforce a judgment or ruling on alimony, and the people's court shall enforce it in accordance with law.

After the child support is enforced, the following methods are not given: inquiry, freezing, and transfer the deposit of the person subject to the application for enforcement; withholding and withdrawing the income of the person subject to the application for enforcement; sealing, seizing, auctioning, or selling the property of the person subject to the application for enforcement; Search the property hidden by the person subject to the application for enforcement.

1. If there is a work unit, request the court to forcibly allocate child support from the salary of the unit;

2. If you have an account, provide account information and request a one-time transfer from the account;

3. If they do not have a work unit and no account, make a list of their personal property, and request the court to auction off their personal property and use their property to offset child support expenses.

The question you said was that after the divorce, well, what should I do if Fuyang didn't paste the wallpaper once and didn't give it confidently, then you um, then he must really not be able to take it out, if he takes it out, how can he not give the child support? That's impossible, well, that's a mille-feuille kid in the factory, how could he not pay child support? English is.

I really can't take out the child support, he doesn't give it any longer, you give him a good negotiation, see if you have the ability to give it to you, you give him a good mile, well, just write it down?

Go to the court to file a lawsuit and apply to the court for enforcement, and the court will ask for child support.

Then he or she will be included in the list of dishonest persons. You can provide the court with clues about his or her assets so that the court can enforce them...

I don't know what enforcement measures you've taken.

Legal analysis: 1. If there is a work unit, request the court to forcibly allocate child support from the salary of the unit;

2. If you have an account, provide account information and request a one-time transfer from the account;

3. If they do not have a work unit and do not have an account, make a list of their personal property, and request that the Law Cluster Institute auction off their personal property and use their property to offset the child's support expenses.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply in person to the marriage registration authority for registration of the divorce.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, the divorce of Zheng Qin shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.