What to do if your ex husband doesn t give child support

If the ex-husband refuses to pay child support, he can file a lawsuit with the court, which will be supported in accordance with the law. If the court has already ruled on the amount of alimony to be paid by the ex-husband, and the ex-husband does not take the initiative to perform it, the situation may be reported to the court of first instance, and the court of first instance will educate and warn the party who does not enforce the judgment, so as to urge him to fulfill his obligation to raise his children. If the ex-husband still does not listen to advice, does not receive education, and refuses to enforce the judgment, according to the provisions of the Marriage Law, one of the parties may apply to the court of first instance for compulsory enforcement.

When the court enters the compulsory procedure, it is generally necessary for the parties to apply to the court. According to Article 19 of the Provisions on Enforcement Work, legal documents and civil adjudication decisions that have the content of alimony, child support, or child support that have already become legally effective may be transferred by the trial division to the enforcement agency for enforcement. That is to say, effective legal documents with alimony, child support, and child support expenses can also be directly entered into the compulsory enforcement procedure by the court ex officio without application.

Enforcement methods: First, withdraw and withhold the respondent's savings deposits or wages and other labor income. If the unit to which the person subject to enforcement belongs is requested to assist in deducting it from the salary on a monthly basis; The second is to seal, seize, freeze, or sell the respondent's property.

It refers to the fact that after the property is sealed or seized, the executor orders the person subject to enforcement to perform the obligations determined by law within the specified period. If performance is not performed within the time limit, the court may, in accordance with regulations, hand over the sealed or seized property to the relevant units for auction or sale. Compelling the party with the obligation to perform the obligation.

According to Article 37 of the Marriage Law of the People's Republic of China, after a divorce, the other party shall bear part or all of the necessary living expenses and education expenses for the children raised by one party, and the amount of the expenses 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.

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. Therefore, if the other party does not pay child support after the divorce, he can file a lawsuit with the court.

Article 37 of the Marriage Law stipulates that, after divorce, if one party raises a child, the other party shall bear part or all of the necessary living expenses and education expenses, and the amount of the expenses 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.

After a divorce, if one party is unwilling to pay alimony, the other party has the right to apply to the court for enforcement.

It's the same as me! Met such a disgusting man.

Instead of suing in the future, it is better to sue now. In the future, you need to keep all the evidence of the debt, and if there is no evidence, some things will not be clear.

Every family has a scripture that is difficult to read.

Method of non-payment of alimony by the ex-husband: If the maintenance agreement entered into by the two parties does not fulfill the payment obligation, the two parties can negotiate again, and if the negotiation fails, they can file a lawsuit with the court. If the content of the payment of alimony awarded by the court is not performed, the right holder can directly apply for compulsory enforcement.

[Legal basis].

Article 1080 of the Civil Code of the People's Republic of China was demolished early.

After the 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.

Article 261 of the Criminal Law of the People's Republic of China.

For persons who are old, young, sick, or otherwise incapable of independent living, Lu Jujube has an obligation to support them but refuses to support them, and the circumstances are heinous, shall be sentenced to up to five years imprisonment, short-term detention, or controlled release.

Article 61 of the Supreme People's Court's Interpretation (1) on the Application of the Civil Code of the People's Republic of China on Marriage and Family.

The people's courts may employ compulsory measures in accordance with article 111 of the Civil Procedure Law against parties or other persons who refuse to perform or obstruct others' performance of their child support obligations in effective judgments, rulings, or mediation documents.

If the ex-husband does not pay child support, he can negotiate with the other party to settle it first, and if the negotiation fails, he can file a lawsuit with the court.

Legal analysisThe court prosecution process is as follows: 1. When the parties file a lawsuit, they should first submit the indictment, and submit the corresponding number of copies according to the number of the opposing party, and if the parties are citizens, the names, genders, ages, places of origin, and addresses of both parties should be indicated; If the party is a unit, the name and address of the unit, and the name of the legal representative or person in charge shall be clearly stated; 2. According to the principle of who asserts and who presents evidence, the plaintiff shall submit the corresponding materials to the court; 3. After the parties have completed the necessary formalities and submitted all relevant evidence, the case filing division shall, within seven days, handle the case filing formalities for those who meet the requirements for case filing; 4. The parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receipt of the notice of acceptance; 5. After the case filing formalities, the case will be scheduled by the court for trial. How to bear the costs of litigation:

The filing fee is to be paid in advance by the plaintiff. Where the defendant submits a counterclaim, the case acceptance fee is to be calculated on the basis of the amount or value of the counterclaim, and the defendant is to pay it in advance. Where the parties have real difficulties in paying the litigation fees, they may apply to the people's court for a delay, reduction, or waiver of payment.

Whether or not to be suspended, reduced, or waived is to be reviewed and decided by the people's courts. When the case is concluded, the people's court shall notify the person in writing of a detailed list of litigation costs and the amount to be borne by the parties. At the same time, the judgment, ruling or mediation document shall specify the litigation costs to be borne by each party.

The parties shall settle the litigation costs with the people's court on the basis of the receipts and judgments, rulings or mediation documents, and refund the excess and make up for the deficiency.

[Legal basis].Civil Procedure Law of the People's Republic of China》 Article 119:The following conditions must be met for a lawsuit: (1) the plaintiff is a citizen, legal person, or other organization that has a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

If one party fails to perform its obligation to raise children, it may report to the court of first instance, and the court of first instance will educate and warn the party who does not enforce the judgment, urging him to perform his or her obligation to raise the child.

If the other party still does not listen to the advice, does not accept the education, and refuses to enforce the judgment, according to the provisions of the relevant law, one party may apply to the court of first instance for compulsory enforcement. When the court enters the compulsory procedure, Nian Yan generally needs the parties to apply to the court.

Legal basis] Article 1067 of the Civil Code, if the parents do not fulfill the obligation to support them, the minor children or adult children who cannot live independently have the right to demand that the parents pay child support.

Parents who do not fulfill their maintenance obligations, lack the ability to work or have difficulties in living have the right to demand that their adult children pay alimony.