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The Civil Code stipulates that after the divorce, the party who does not live with the minor child shall bear part or all of the maintenance expenses of the minor child until the minor child lives independently, of which the maintenance expenses include living expenses, medical expenses and education expenses.
Therefore, the spouse who does not live with the children has the obligation to pay a certain amount of maintenance, which can be agreed upon by the husband and wife at the time of divorce by mutual agreement, or it may be a judgment or mediation written by the court in a litigated divorce.
In the case of divorce by agreement, if one party does not pay alimony according to the agreement, he or she cannot directly apply to the court for compulsory enforcement, but also needs to file a maintenance lawsuit with the court in accordance with the agreement or the provisions of the law, and after the judgment is won and takes effect, the other party still fails to perform its obligations within the time limit specified in the judgment, can apply for compulsory enforcement.
If the divorce was previously litigated and the other party does not fulfill the obligation to pay alimony in accordance with the effective judgment or mediation agreement, the party can directly apply to the court for compulsory enforcement.
The court may investigate and control the deposits, valuables, real estate and vehicles in the name of the person subject to enforcement, and may transfer and auction the property under investigation and control.
If the person subject to enforcement has no property to enforce, measures such as restricting high spending and being included in the blacklist of untrustworthy may be taken.
If the person subject to enforcement maliciously transfers property to evade obligations, he may be detained, and if the circumstances are serious or serious consequences are caused, he may even be investigated for criminal responsibility for the crime of refusing to perform on an effective judgment or ruling.
The divorce of husband and wife does not affect their relationship with their children, and the relationship between parents and children is not terminated by the divorce of their parents.
Although the law stipulates that an adult child has an obligation to support his or her elderly parents, if the adult child does not support his or her parents, the parents can also sue the child for the maintenance of the child. However, as the saying goes, you raise me to grow up, and I send you to old age, which is human nature. If the parents do not take responsibility for the education, supervision and care of the children when they are minors, and wait until the children grow up, even if the court rules that the children are supported, it is estimated that it will be cold, because the law can enforce people's behavior, but it is impossible to force people's hearts.
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If the spouses do not pay child support after the divorce, they will be sued by the other party, and if they still do not pay the child support on time after the judgment of the court of action has taken effect, they can apply for enforcement.
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If the child is still a minor, if both husband and wife do not pay child support, it is illegal, and both parties will be held criminally responsible.
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The serious consequence is that the child has no one to take care of and no money to spend, which is likely to lead to the danger of the child, and such behavior is already illegal.
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Legal analysis: If you do not pay child support after divorce, you can file a lawsuit with the court to demand the payment of child support, and after the judgment takes effect, the party who supports the child can request enforcement.
Legal basis: Article 1085 of the Civil Code If the children are directly raised by one party after divorce, 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.
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How to deal with divorce without child support:
1. If the parties divorce by agreement, and the party who does not directly raise the children does not pay child support, the other party may file a lawsuit with the people's court and request the court to order the other party to perform its due obligations on the basis of the original agreement.
2. If the two parties file for divorce, if one party does not enforce the alimony due to the court judgment, the other party may directly apply to the people's court for compulsory enforcement.
Legal basis] Article 1085 of the Civil Code, 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 type of jury judgment provided for in the preceding paragraph does not prevent the child from making reasonable demands to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.
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What are the consequences of not paying child support after a divorce? First of all, if you are divorced, you will not give child support, which is not right, because after all, the child is also your own. One point, it is a relationship between the husband and wife, and it should not involve children.
Food, housing and education are issues, so there must be talents. Financial support. Let children play education over the age of 18.
1. First of all, the divorce rate in China is getting higher and higher. This is the most common phenomenon in the whole society at present. When it comes to divorce, there are a lot of issues that can be involved.
2. The betrayal of men, the betrayal of women, the disharmony of family life, and the disharmony of the relationship between mother-in-law and daughter-in-law. These are all at the root of divorce. In other words, the prevalence of the Internet age is now more illusory love.
3. Today's young people prefer to compare and compare. As a result, the fundamental problems of the marriage began to fission. In this way, the marriage cannot continue.
4. Since the man and the woman are divorced. If the child follows the woman, the man must pay for the education and living expenses until the child reaches the age of 18.
5. Since you choose to divorce, you have to pay the corresponding price for your responsibilities. Don't tell you that you don't have money or some excuse that you don't get clean. If you get divorced, you have to pay it. Alimony.
6. At the same time, I also hope that all young couples in the world will not easily choose divorce, so that their children will have a healthier growth environment. Because the child of a single parent grows up, it will have a great impact on his life and values.
7. I hope you will think carefully when making the last step. Don't affect your child's life for the sake of your own impulses.
Divorce with children, it doesn't matter if his mother gives it or not, that's his fucking business, for me to work harder than before, make more money, more independent, the only regret is that for the child's material to give him too little company, however, I don't plan to call him pension, and when he graduates and joins the job, I will change the car for myself to travel around China, okay? Is there an appointment in fifteen years?
I hope that all the families who argue about the omission live in harmony, and try not to harm the children for the purpose of divorce. Hope mine can help you, thank you.
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If you don't give child support after the divorce, you can apply to the court for enforcement, and if you don't give child support, the child will have no way to live, which is not conducive to the healthy growth of the child.
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If you don't pay child support, you may be sued, and the court will freeze your assets and then enforce them.
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It is very likely that the other party will sue the court, and the court will enforce it, and it will be spurned by the people around you.
According to the provisions of the Marriage Law, if the relationship between the husband and wife has indeed broken down, a divorce may be granted. For the issue of child support, it is necessary to carefully confirm the circumstances of both parties from the perspective of being conducive to the child's growth, but the child during the breastfeeding period is generally awarded to the woman for support, if it is not a lactation period, it is necessary to see that party is more suitable for the child's growth and solicit the child's own opinion. The parent who does not support the child should pay monthly maintenance, which is generally between 20 and 30% of the annual income. >>>More
Civil Complaint.
Plaintiff: Female, born on October 2, 1995, Han nationality, from the city, living in the unit number of the residential area of the city district. >>>More
After the divorce, the child's mother does not give child support, which can be sued, but after all, the husband and wife are the same, and they are also the child's biological mother, so they can negotiate if they can, and mediate if they can, so don't embarrass the child in the middle in the future. >>>More
If the other party does not pay child support, it can be resolved through legal means through litigation, and the court will support it. Giving the child to the other party is a change of custody of the child. It is also possible for both parties to negotiate and agree. Otherwise, you can go to the legal consultation post and ask a specialized marriage and family lawyer.
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 standard of living in 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. >>>More