If the woman does not pay alimony at the time of divorce, can the child recover alimony when he grow

Was it the court that made it? If not, you can; Child support is the cost of living, education, and other expenses borne by parents or other persons who have an obligation to support minors. In our country, maintenance in law refers to the fees paid to minors when these people are unable to fully fulfill or do not fulfill their maintenance obligations.

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 Standards for Road 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.

Alimony can be traced back and she has the right to pay alimony.

An application may be made to the people's court to initiate a civil lawsuit.

Article 137 of the General Principles of the Civil Law: The limitation period for litigation is calculated from the time when you know or should know that your rights have been infringed. But,Where more than 20 years have elapsed since the date on which the rights were infringed, the people's courts are not to protect them. Where there are special circumstances, the people's court may extend the statute of limitations.

Article 21 of the Marriage Law: Parents have the obligation to raise and educate their children; Children have an obligation to support their parents.

If the parents fail to fulfill the obligation to support them, the child who is a minor or who is unable to live independently has the right to demand maintenance from the parents.

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.

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.

What did the court say at the time?

Legal Analysis:1After the divorce, the woman does not pay child support, and the man can file a lawsuit with the court to demand that the other party pay child support.

2.If the divorce is filed and the court has already awarded alimony, the husband can directly apply to the court to enforce alimony.

3.After the divorce, if the children are directly raised by one party, the other party shall bear part or all of the child support.

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 for divorce registration in person at the marriage registration authority.

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, a divorce 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.

Summary. Hello, legal analysis: what to do if the woman does not pay child support after the divorce:

A lawsuit for child support may be filed in the people's court. After the divorce, the husband and wife still have the right and obligation to raise, educate and protect the children, and the party who does not directly raise them shall bear the child's support. If the divorce is registered at the Civil Affairs Bureau, you can go to the court to sue for payment, and if you refuse to pay after the court makes a judgment, you can apply to the court for compulsory enforcement.

Hello, legal analysis: what should I do if the woman does not pay child support after the divorce: you can file a maintenance lawsuit with the people's court.

After the divorce, the husband and wife still have the right and obligation to raise, educate and protect the children, and the party who does not directly raise them shall bear the child's support. If the divorce is registered at the Civil Affairs Bureau, you can go to the court to sue for payment, and if you refuse to pay after the court makes a judgment, you can apply to the court for compulsory enforcement.

Legal basis: Article 1067 of the Civil Code provides that if the parents do not perform the obligation to support them, the minor children or the adult children who do not change their lives independently have the right to demand that the father and mother pay child support. Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.

Hello, very happy to answer for you! <>

If the woman does not pay child support after the divorce, she can first choose to negotiate and deal with it, and if she still does not pay the child support after negotiation, she can choose to sue for processing. The parent who is raising the child may sue or apply directly for enforcement under the divorce agreement. Regardless of which parent will raise the child after the divorce, both spouses have the obligation to continue to raise and educate the child, and if the custody of the child is awarded to one of the parents, the other party shall also bear the necessary living and education expenses of the child.

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 quietly refuses to listen to advice, does not accept education, and refuses to enforce the judgment, according to the provisions of the Marriage Law, one party may apply to the court of first instance for compulsory enforcement. Legal basis:

Article 110 of the Civil Procedure Law: 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. Article 120:The indictment shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants.

Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party. <>

1. The divorce by agreement does not pay alimony.

1) Settlement between husband and wife.

Paying child support is a matter for both husband and wife, and if one party does not pay child support, then the other party will definitely have to pay more child support, so that the child's growth conditions can remain the same. As long as both husband and wife are willing, that is, as long as one of the husband and wife does not give the other party and gives more, then the husband and wife can negotiate to solve the problem of divorce and not paying child support.

2) Filing a lawsuit with the court for settlement.

However, in reality, it is often difficult for couples to reach an agreement on not paying child support, so they can only sue in court. So how will the court decide? What are the conditions for not paying child support in a divorce?

Generally speaking, the non-payment of child support in a divorce can be divided into three situations:

1.The paying party is truly unable to pay the amount determined by the original agreement or judgment due to long-term illness or inability to work, and has no financial support, while the party directly raising the children is able to afford it and has the ability to support them.

2.The payer has been imprisoned for reform or re-education through labor due to violations or crimes, and has lost financial capacity and is unable to pay. However, after the restoration of personal freedom, if there is economic **, it should still be paid according to the original agreement or judgment.

3.If the parent who is directly raising the child remarries, the stepfather or stepmother is willing to bear part or all of the child support. In this case, the amount of maintenance borne by the party liable for payment may be relatively reduced.

However, if the stepfather or stepmother is unwilling to raise them, the amount of the biological father's or mother's payment cannot be reduced.

It should be reminded that the obligation to pay alimony is not exempted from alimony, but it is not exempted from alimony. If parents are able to raise their children, they should actively fulfill their obligation to support them.

2. How child support is paid.

The payment of child support is generally negotiated between the parents, and the negotiation can be based on factors such as the actual needs of the children, the affordability of both parents and the actual living standards of the local area. China's Marriage Law does not make any definite provisions on the amount of child support, but the Supreme People's Court's Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by the Supreme People's Court clearly stipulates this issue:

1) If the parents have a regular income, the maintenance fee may be paid at the rate of 20% to 30% of the total monthly income. For those who bear two child support, the proportion may be appropriately increased, but generally must not exceed 50% of the monthly income. If there is no fixed income, the amount of maintenance may be determined on the basis of the total income of the current year or the average income of the same industry, with reference to the above proportions.

If there are special circumstances, the proportion may be appropriately increased or decreased.

Legal basis:

According to the Supreme People's Court's Several Opinions on Child Support:

The amount of child support may be determined on the basis of the actual needs of the child, the affordability of both parents and the actual living standard 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.

According to the relevant regulations of our country, if the divorced woman refuses to pay child support, the man can file a lawsuit with the court. The laws of our country stipulate that the people's courts shall enforce the judgments or rulings on alimony, child support, alimony, division of property, inheritance, and visitation of children in accordance with law for refusal to enforce them. Relevant individuals and units shall be responsible for assisting in implementation.

Article 61 of the Interpretation (1) of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family stipulates that the people's courts may, in accordance with the provisions of Article 111 of the Civil Procedure Law, adopt compulsory measures to obtain compulsory measures against parties or other persons who refuse to perform or obstruct others from performing their obligations related to child support in effective judgments, rulings, or mediation documents. Article 111 of the "Civil Procedure Law of the People's Republic of China" provides that where a litigation participant or other person commits any of the following acts, the people's court may impose a fine or detention on the basis of the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law: (1) Fabricating or destroying important evidence, obstructing the people's court's trial of the case; (2) Using violence, threats, or bribery to prevent witnesses from testifying, or instigating, bribing, or coercing others to give false testimony; (3) Concealing, transferring, selling, or destroying property that has already been sealed or seized, or property that has been inventoried and ordered to be kept, or transferring property that has been frozen; (4) Insulting, slandering, framing, beating, or retaliating against judicial personnel, litigation participants, witnesses, translators, evaluators, inquest personnel, or persons assisting in enforcement; (5) Using violence, threats, or other methods to obstruct judicial personnel from performing their duties; (6) Refusal to perform on a judgment or ruling of a people's court that has already taken legal effect. People's courts may fine or detain units that exhibit any of the conduct provided for in the preceding paragraph; where a crime is constituted, criminal responsibility is pursued in accordance with law.