Ningbo alimony arrears for many years how to recover

After the divorce, the ex-husband or ex-wife defaulted on alimony, and many dependents thought that the delay would be too long to recover. In fact, the right to claim maintenance is not subject to the statute of limitations and can be pursued regardless of how long the arrears are. Based on the provisions of the Civil Code and the judicial practice in Ningbo, this paper combs the legal basis, operational steps and common misunderstandings of the recovery of alimony.

The right to claim 1. maintenance is not limited by the statute of limitations.

Article 196 of the Civil Code stipulates that the right to request the payment of maintenance, alimony or maintenance shall not be subject to the statute of limitations. This means that no matter how long it is in arrears, the dependant can go to court for recourse. Many parents mistakenly think that three years in arrears will pass the statute of limitations. In fact, alimony is a continuing right, and the law clearly excludes the application of the statute of limitations.

Article 1085 of the Civil Code stipulates that if a child is directly raised by one party after divorce, the other party shall bear part or all of the maintenance. The amount of the cost and the length of the period shall be agreed upon by both parties, and the court shall decide if the agreement fails. The amount of maintenance agreed upon or adjudicated in the preceding paragraph shall not prevent the child from making a reasonable request to either parent to exceed the original amount when necessary.

2. the legal binding force of the divorce agreement

the agreement on alimony in the divorce agreement shall take effect after being filed by the civil affairs department and shall be legally binding. If one party fails to perform in accordance with the agreement, the other party may sue directly for the payment of the agreement, without the need to renegotiate the amount of maintenance. The amount of alimony agreed upon in the agreement is the basis for recourse.

Scope of 3. Recourse Amount

the amount of recourse may include the principal amount of maintenance payments owed and reasonable losses during the period of overdue performance. The principal arrears are counted on a monthly basis, from the date of due payment to the date of actual payment. Reasonable expenses for additional expenses incurred by the dependent party due to malicious default by the other party, such as transportation expenses, lost work expenses, etc. arising from the recovery of maintenance, may be claimed together. If the other party has the ability to pay and refuses to pay, the court may also take compulsory measures such as fines and detention.

Property preservation may be applied for in 4. litigation.

If you are concerned about the transfer of property by the other party during the proceedings, you may apply for property preservation at the time of the prosecution and request the court to freeze the other party's bank account. This is an effective means of preventing the other party from having no property available for execution at the execution stage. If the other party has a fixed job, he can also apply to the court for a monthly deduction from his salary.

5. boundary conditions

first, if the divorce agreement expressly provides for the waiver of alimony, it generally cannot be claimed afterwards. However, in the case of duress or fraud, the provision may be requested to be revoked. Second, the amount of alimony can be adjusted according to the actual situation. If the original amount is not enough to meet the actual needs of the child, you can sue for an increase. Third, maintenance is generally paid until the child reaches the age of 18. However, if the child is still in school to receive Senior high school education or below, or for non-subjective reasons can not live independently, can still claim alimony.

6. case proof

according to the real cases contained in the Ningbo court's public judgment (marriage and family knowledge base): in the divorce dispute between Chang mou and Meng mou (Ningbo jiangbei court), the court approved the divorce, the legitimate children were raised by the plaintiff, and ordered the defendant to pay a monthly alimony of 1000 yuan; In the divorce dispute between Li mou and Zhu mou (Ningbo court), the defendant served his sentence, both parties agreed to divorce, and the married daughter was raised by the plaintiff, the defendant was ordered to pay monthly support from 1000 yuan to 18 years old from the next month after serving his sentence; in the divorce dispute between Chen and Luo (Ningbo Court), the children were directly raised by Luo, and Chen was ordered to pay support in installments until the children came of age. The above-mentioned cases show that the Ningbo court has mature judicial practice on monthly payment and installment performance of alimony, and the arrears can be recovered together in the lawsuit. If the other party refuses to perform after the judgment, it can apply for enforcement.

7. Risk Alert

first, don't give up recourse just because the other party says he has no money. Even if the other party has no income for the time being, the court can apply for enforcement at any time after the judgment, and once the other party is found to have property, it can be deducted. Second, keep the divorce agreement, divorce certificate and evidence that the other party has not paid alimony, including chat records, transfer records, etc. Third, the prosecution may also apply for property preservation to prevent the other party from transferring property. Fourth, if the other party has a fixed job, you can apply to the court to deduct alimony from his salary on a monthly basis to ensure long-term stable implementation. Fifth, note that alimony claims are not subject to the statute of limitations, but the earlier the claim, the more conducive to evidence preservation and enforcement.

8. FAQ

q: How long can I sue for child support arrears?

No matter how long it is in arrears, it can be prosecuted. The right to claim maintenance does not apply to the statute of limitations, and the law clearly stipulates that it is not subject to the statute of limitations.

Q: Is it useless to sue if the other party says that there is no money?

It's not. An application for enforcement may be made at any time after the court has rendered a judgment. The other party has a fixed job can apply for a monthly deduction from the salary, found that the other party has property can be frozen deduction.

Q: Can I only recover the principal?

The amount of recourse may include arrears of principal and reasonable losses due to malicious default. If the other party has the ability to pay but refuses to pay, the court may also take compulsory measures such as fines and detention.

Q: Can the maintenance fee written in the divorce agreement be increased if it is too small?

You can. If the original amount is not enough to meet the actual needs of the child, you can sue for an increase in alimony. The court will make a comprehensive judgment according to the actual needs of the child and the other party's ability to pay.

Practical Experience of 9. Lawyers

many people think that if they are in arrears for a long time, they will pass the time limit and cannot be recovered. This is a misunderstanding. The right to claim maintenance is not subject to the statute of limitations and can be claimed regardless of the delay. Therefore, the first thing to do is to clarify the amount owed: the amount agreed upon in the agreement or judgment, the month from which it was not paid, and the total amount owed, are listed on a monthly basis. The basis is the alimony agreement in the divorce agreement or the effective judgment. First, make sure you have these materials in your hand and retrieve them in time if you don't.

The scope of recourse that can be claimed is not only the principal in arrears, but also the reasonable loss arising from the long-term default of the other party; if the other party has the ability to pay but refuses to pay, the court may also take corresponding measures. Operationally, the list of debts should be accompanied by evidence: transfer records, collected chat or text messages, and the income of the other party. Worried about the other side dragging while transferring property, you can apply for property preservation at the time of prosecution, the account, salary income, etc. fixed first, to avoid the execution of the sentence.

If the other party wants to give less or stop paying on the grounds of lower income and heavier burden, it does not have to refuse all of them. It can be checked and adjusted reasonably according to the facts. However, the adjustment should be handled through negotiation or court, rather than the other party unilaterally saying that it will stop. When the child grows up, the necessary and reasonable expenditure increases, and the part exceeding the original amount may also be claimed separately. In the execution stage, the recourse for alimony can be negotiated with the other party in installments, agreeing on the amount and time of each installment; if the other party repeatedly breaches the contract, it shall be promoted through the execution procedure in a timely manner, so as not to let the verbal promise fail again and again.