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Refusal to carry out the court's decision may result in detention, as follows:
1. Where a person refuses to enforce a court decision, and the circumstances are minor, the court may make a decision to detain him for 15 days.
2. Where the circumstances are serious, it constitutes the crime of refusing to enforce a people's court's judgment or ruling as provided for in Criminal Law article 313.
Marriage Law of the People's Republic of China
Article 37 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. According to the Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts, the amount of child support may be determined on the basis of the actual needs of the children, the affordability of both parents and the actual living standards of the locality.
For those with a regular income, child support payments can generally be paid at the rate of 20 to 30 per cent of their total monthly income. Where two or more children are responsible for raising expenses, the proportion may be appropriately increased, but generally must not exceed 50 percent of the total monthly income. If there is no fixed income, the amount of child support may be determined on the basis of the total income of the year or the average income of the same industry, with reference to the above proportions.
If there are special circumstances, the above proportion may be appropriately increased or decreased.
The amount of child support is based on the following three aspects:
the actual needs of the child;
affordability of both parents;
The actual standard of living in the local area.
After the divorce, the parent who does not live with the children is divided according to the income status:
For those with a fixed income, the amount of child support allowance can generally be 20%-30% of their total monthly income. Where two or more children are raised, the proportion may be appropriately increased, but generally must not exceed 50% of the monthly income. The "gross monthly income" here refers to the total salary, including salary, bonuses, etc.
An investigation may be made by applying for a court investigation order.
If there is no fixed income, the amount of child support may be determined by reference to the income of the current year or the average annual income of the same industry.
Generally, the average annual income and average annual living expenses are determined by referring to the "Reference Standard for Road and Traffic Accident Compensation Items".
If there are special circumstances, such as a child suffering from a serious illness for a long time, or a child with a disability, it may be appropriately increased.
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The other guardian may apply for enforcement, and the bank card will be seized.
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Legal Analysis: Alimony cannot be withheld, and after divorce, parents are still legally obliged to support their children.
Legal basis: Article 1085 of the Civil Code of the People's Republic of China before the early Bu Dynasty Article 1085 After the first paragraph of 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.
Paragraph 2: The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable request to either parent for more than the amount originally set in the agreement or judgment when necessary.
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