Regarding the issue of non payment of alimony by one of the parties in accordance with the agreement

The crux of the matter lies in implementation.

To solve this problem, it mainly depends on whether he really does not have the financial ability to pay. If you really don't have the financial ability, you can sue first, and apply for enforcement when the other party has the financial ability.

If the other party actually has the financial ability to pay, and the above situation is only an excuse for not performing its obligations, in view of the fact that the legal relationship of the case is relatively clear and the facts are relatively clear, it is still recommended to file a lawsuit first, and a lawyer can be omitted at this stage. After obtaining the judgment in favor of the lawsuit, you may retain a lawyer to apply for enforcement. Although the court has the obligation to investigate the property of the parties in the enforcement stage, the court is generally very passive, and sometimes the work in this area is not very active.

However, the business in this area is small, risky, time-consuming and labor-intensive, many lawyers are reluctant to do this work, and most lawyers' practice is to submit the application for enforcement and then no longer care, so we must find a serious and responsible lawyer who is professional D to do it. If such a lawyer is willing to take on this case, it is still possible for your rights and interests to be safeguarded.

If an application has been made to the court for compulsory enforcement, the court can investigate whether the other party really does not have the financial ability to pay child support, and the court has the right to inquire about the deposit of the person subject to enforcement from banks, credit cooperatives and other units with savings business, and has the right to freeze or transfer the deposit of the person subject to enforcement; In addition, if the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to seal, seize, freeze, auction or sell the part of the property that the person subject to enforcement should perform the obligations of.

The key to this matter is whether the court is willing to do it, and finally you have to investigate whether the other party really has no financial ability.

If you do not pay child support according to the agreement after the divorce, you can go to court to sue, and it is the legal responsibility of parents to raise their children. The court will sentence him to pay child support. If you refuse to pay, you can go to the enforcement tribunal to apply for enforcement.

The court orders the other party to pay child support, and if the other party does not perform, it can apply for enforcement without separate litigation.

1. Can I sue for alimony?

It is possible to sue for alimony. After the divorce, if the parent who does not raise the children does not pay child support, the other party can claim child support in one of the following ways

1) Settlement through negotiation. The payment of child support is best settled by negotiation between the spouses. The content of the negotiation mainly includes how much alimony the other party needs to pay, when to pay, and how to pay.

2) Prosecution settlement. If the spouses cannot resolve the matter through negotiation, then they can file a lawsuit with the court. The court will determine the amount of alimony that is most beneficial to the child's growth based on the financial situation of both parties, the local standard of living and other factors, and make a judgment on the time and method of payment of alimony.

3) Application for compulsory enforcement. When one spouse does not comply with the court's judgment on the payment of child support after divorce, the other spouse can apply to the court to enforce it.

2. What are the consequences of not paying child support all the time?

If one party refuses to pay child support, first of all, the child can sue at any time to require the party who has not paid the child support to pay the child support, and if the court still refuses to pay the child support, the child can also ask you to pay by applying for enforcement, if you still do not pay, then you may be on the list of dishonest people, and even have the risk of being detained and serving a prison sentence.

3. How long will the maintenance arrears be sued.

When can you sue for arrears of alimony: There is no law that clearly stipulates that as long as the party raising the child believes that it has exceeded the time limit agreed by both parties and still has not paid alimony, you can go to the court to sue, and it should be noted that the plaintiff in the lawsuit should be the child, and the parent is the legal supervisor of the child to sue on behalf of the child, and after getting the court's judgment or mediation letter, if the other party still does not pay the alimony, you can also apply for enforcement.

Article 1085 of the Civil Code of the People's Republic of China provides that after a divorce, where 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.

Whether a divorce agreement stipulates that one party does not pay alimony is valid depends on the circumstances.

The parties agree through consultation, and the divorce agreement may stipulate that the party who does not directly raise the children will not pay child support. However, if the ability of the direct custodial party to raise the child is obviously unable to guarantee the child's required expenses, and affects the child's healthy growth, this part of the agreement is invalid.

Legal basis] Article 52 of the Supreme People's Court's Interpretation (I) on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China provides that both parents may agree that one party shall directly raise the child and the party directly raising the child shall bear all child support. However, where the ability to support the direct custodial Fang Ming Lizao is clearly unable to guarantee the child's required expenses, and affects the child's healthy growth, the people's court will not support it.

If there is no fraud, coercion, etc., and both parties are persons with full capacity for civil conduct, the divorce agreement will be recognized as the true expression of the intention of both parties. If one party does not perform according to the agreement, the other party needs to file a lawsuit with the court first, requesting that the divorce agreement be confirmed as legal and valid, and that the party who has the obligation to perform be held liable in accordance with the law. If the other party still refuses to perform after the court hears the judgment, the party may apply to the court for compulsory enforcement on the basis of effective legal documents.

It should be noted that the divorce agreement is an agreement between the husband and wife, and it has no enforceability in itself, and if one party fails to perform the agreement, the parties cannot directly request the court to take compulsory measures against the non-performing party according to the agreement of the divorce agreement. If there is fraud or coercion at the time of signing the divorce agreement, resulting in the content of the agreement not being the true intention of the party, the party who has been deceived or coerced may file a lawsuit with the court within one year after the divorce to request the revocation of the part of the divorce agreement involving property.