Ningbo the other party does not pay alimony, enforcement can get the money?
If the other party does not pay the alimony after divorce, I will apply to the court for compulsory execution. Can I get the money after all? This is the most concerned issue for many parties who directly raise their children. The conclusion is: as long as you have an effective judgment and mediation statement as the basis, you can directly apply for enforcement; the court will inquire, freeze, and deduct the bank deposits and online funds under the name of the other party in accordance with the law, seize and auction their real estate and vehicles, and It can take measures such as restricting high consumption, including the list of untrustworthy persons subject to enforcement, and even fines and detention. As for whether you can recover the full amount, it hinges on two key factors: first, whether the other party has any assets that can be subject to enforcement; and second, whether you can promptly and accurately provide leads regarding those assets. This article combines six true execution rulings to clarify the process from filing a case to final, the coercive means that can be used, and the common defense reasons of the other party.
1. the first step: first confirm whether you have "execution basis"
Enforcement cannot be initiated based solely on a verbal statement or a promissory note; the court must first have an “enforcement basis,” which typically takes one of three forms, each corresponding to a distinct procedural path.
The first is the judgment or mediation statement of the court. In divorce cases, alimony is often written into the judgment text or the mediation agreement signed by both parties. The entry into force of the instrument is enforceable and can be applied for directly without a separate lawsuit. The case of Li Moumou is a typical example: the effective mediation document of Heshan Municipal People's Court confirmed that the legitimate children were raised by the woman, and the man paid 1,000 yuan per month and once every six months. If the man fails to perform, the woman directly applies for enforcement, and the court files a case to accept the case, with a target of 8,0
00yuan.
Second, the provisions stipulated in the divorce agreement. Special reminder: divorce agreement is not the same as judgment, mediation, there is no enforcement. When the other party signs the agreement when registering for divorce and fails to perform it afterwards, you cannot directly apply for execution with the agreement. You should first sue in the name of the child, request him to pay alimony according to the agreement, and enter the execution after obtaining the effective judgment or mediation agreement. Many people are stuck in this step-running the execution window with the agreement, and are often told to "sue first".
The third is the creditor's rights document that has been notarized to give the effect of enforcement. If the alimony payment agreement is notarized and states that "when one party fails to perform, the other party can directly apply for execution", it can skip litigation and execute directly, which is relatively rare in the field of family affairs.
In addition, it also depends on whether the document has come into effect and whether the content is clear and enforceable, such as how much it is written every month and when it will be paid. If the main text is vague, the court may require correction first.
2. application for enforcement: from submission of materials to court investigation
After confirming the basis, the process is roughly divided into four steps: application, filing, investigation and control, and disposal.
(I) preparation of materials. General requirements: application for enforcement; identity certificate of the person applying for enforcement; original or sealed copy of the effective legal document; identity, address and contact information of the person subject to enforcement; and list of property clues you have. The applicant is generally the parent who has direct custody of the child; in some cases, the child themselves may be the applicant for enforcement, with the parents acting as legal representatives.
(II) apply to a court of competent jurisdiction. Civil judgments and mediation statements that take effect are generally executed by the court of first instance or the court at the same level as the court of first instance and the place where the property to be executed is located. The period of application for execution is usually two years, starting from the last day of the performance period determined by the instrument, and starting from the date of expiration of the last period of performance in instalments. Note that the "application for execution period" and the "claim for maintenance does not apply to the statute of limitations" are two different things, do not confuse.
(III) the notice of filing and execution. After filing the case, the court shall issue an execution notice and a property report order to the person subject to execution, ordering him to perform within a time limit and declare his property. In Li's case, Ye's case and Zhu's case, the court issued the above documents, and the result was that the person subject to execution failed to perform his obligations and failed to declare his property.
(IV) Online inquiry and control. Through the national court network investigation and control system, the court issued inquiries to financial institutions, vehicle registration, securities, online payment, natural resources and other departments, and inquired about the deposits under the name of the person subject to execution, Alipay WeChat and other network funds, vehicles, real estate, securities, Insurance, etc. This step is a turning point. Li Moumou case after investigation and control did not find other property available for execution; Ye Moumou case only found a deposit of 796 yuan and five cents; Zhu Moumou case shows that there is no real estate, no vehicle, no insurance cash value for execution, no securities information, and insufficient account balance. The investigation and control feedback basically determines the direction of the case.
(V) informing and providing clues. After investigation and prosecution, the court will inform the person applying for execution, property investigation measures, property status of the person subject to execution, and the basis and consequences of the final copy, and ask him to provide clues. New accounts, operating income, external claims, property in the name of the spouse, and hidden vehicle real estate can often only be provided by the applicant on his or her own initiative.
what coercive measures can the 3. take? the six means add weight layer by layer
execution is not equal to "the end of checking the bank". The law provides the courts with a set of coercive means that can be used step by step.
(I) freezing, withholding of deposits and network funds. According to the provisions of the Civil Procedure Law on inquiring, freezing and transferring the property of the person subject to execution, the court has the right to inquire about his deposits, bonds, stocks and fund shares, and seize, freeze, transfer and change the value of his property. In the case of Ye Moumou, the court found that the person subject to execution had a deposit of 796 yuan and five cents, which was directly deducted and transferred to the person applying for execution. Although the amount was small, it indicated that the account could be transferred as long as it had money. The Li Moumou case also froze the bank and online capital accounts of the person subject to execution; the Zhu Moumou case froze his bank account for a period of one year.
(II) withholding, withdrawal of income. If the person subject to execution has a fixed salary, or a stable income such as provident fund and rent, the court may withhold and withdraw the income of the part of his obligations, provided that he or she retains the necessary living expenses for himself and his or her dependent family members. In a case of Kui, the court had previously deducted 31,602 yuan from the housing provident fund account under the name of the executed person to pay the maintenance fees previously owed. For monthly maintenance payments, the court may issue a notice of assistance to the executed unit, which shall be deducted from the salary on a monthly basis.
(III) Seizure and auction of real estate and vehicles.If the person subject to enforcement owns real estate, it may be sealed; if they own a vehicle, it may be seized and auctioned. Cui's case can best illustrate the problem: the court found that there was a "Changan brand" small ordinary passenger car under the name of the person subject to execution, which was publicly auctioned on Taobao in accordance with the law, and the transaction was sold at 71,736 yuan and octagonal, which was used to pay off the unpaid alimony and property. Dividing money. It should be noted that the residential houses necessary for the life of the person subject to execution and his dependent family members can be sealed up, but generally they cannot be auctioned, sold or repaid.
(IV) limit high consumption. This is the most widely used credit disciplinary measure, based on the "Several Provisions of the Supreme People's Court on Restricting High Consumption and Related Consumption of Executed Persons." After being restricted, you are not allowed to take airplanes, soft sleepers on trains, second-class or above on ships, high consumption in star hotels, golf courses and other places, purchase real estate or high-end decorated houses, purchase vehicles that are not necessary for business operations, and travel and vacation. Children are not allowed to attend high-fee private schools. Almost all of the six rulings in this article state that the court has issued a consumption restriction order.
(V) be included in the list of dishonest enforcers. is commonly known as "blacklist for dishonesty". According to the ''Several Provisions of the Supreme People's Court on the Publication of Information on the List of Untrustworthy Persons Subject to Execute'', the person subject to execution who fails to perform the effective obligations and has one of the following circumstances shall be included in the list: has the ability to perform but refuses to perform; falsified evidence, violence, Threats, etc. hinder or resist execution; evade execution by false litigation, arbitration, or concealment or transfer of property; violation of consumption restriction; refusal to perform settlement agreement without justifiable. After the inclusion, in the financing of credit, market access, travel consumption and other aspects of credit discipline. In the case of Li Moumou and Ye Moumou, the court included them in the list of dishonesty in accordance with the law.
(VI) fines, detention and criminal liability. For the person who refuses to perform, the court may fine or detain him according to the circumstances-the individual may be fined less than 100,000 yuan and detained for less than 15 days. In Cui's case, the court took a fine in addition to the high limit and dishonesty. Refusal to perform, if the circumstances are serious, may also constitute the crime of refusing to execute the judgment or ruling. Article 313 of the Criminal Law stipulates that if a people's court is capable of executing a judgment or ruling but refuses to execute it, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. In 2004, the Supreme People's Court and the Supreme People's Procuratorate issued the Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Refusal to Execute Judgments and Rulings (Fa Shi [2024] No. 13, which will come into effect on December 1, 2024), further clarifying the specific circumstances of "having the ability to execute but refusing to execute, and the circumstances are serious", such as hiding, transferring property, false litigation, refusing to declare property, etc. The executor may be prosecuted for criminal liability through private prosecution or public prosecution.
4. "cannot be carried out" and the final version: the final version does not mean exemption, nor does it mean that you cannot get the money.
Several rulings quoted in this article, the words "end this execution procedure" appear in the end: the case of Li, the case of Ye, the case of Li and the case of Zhu have all been finalized, while the case of Cui is ruled to end the execution after the auction of vehicles and exhaustion of measures. Many people panic at the sight of the "final book" and think that money is completely out of the question. This is actually a misunderstanding.
What is the final version? The end of this execution procedure, referred to as "the final version", is based on Article 517 of the Interpretation of the Supreme People's Court on the Application of the the People's Republic of China Civil Procedure Law. The applicable prerequisite is that the court has exhausted all property investigation measures, found no assets available for enforcement, or determined that the assets identified cannot be disposed of for the time being, and has informed the applicant for enforcement of the enforcement status. In other words, the end is only a phased suspension of the implementation procedure in the state of "no property to be found at the moment", not a debt forgiveness. The ruling will state that the person being executed has an obligation to continue to perform.
What can I do after the final book? Remember three things: first, if the person subject to execution has completed his automatic performance, the party concerned should inform the court in time; second, once he finds that he has property available for execution, he can apply for resumption of execution at any time, and is not subject to the limitation period of application for execution; third, previously frozen or sealed property, before the expiration of the time limit (30 days before the expiration of Li's case and 50 days before the expiration of Zhu's case), a written application for renewal of freezing or inspection shall be deemed as a waiver of rights.
How can we provide effective leads? This is the key to reverting a “case closure” back to an “enforcement” status. Attention can be paid to: whether the person to be executed is new, whether he has any salary or operating income; Whether to purchase new real estate vehicles and handle new accounts; Whether there is rent, due creditor's rights and equity dividends; Whether to transfer property and register it in the name of spouse or relative before divorce; Whether frequent high consumption, such as traveling, staying in hotels and children entering private schools-these are precisely the evidence of violating the high limit order and can be used as a starting point for reporting and accountability. The more specific the clues, the better, such as bank, account number, license plate number, company name, the court can act quickly.
Common defenses and responses of 5. enforcers
in the execution stage, the person subject to execution often throws out a set of "reasons" to delay or exempt payment, and the following are the most representative ones.
Defense 1: "If the other party doesn't let me watch the baby, I won't pay the maintenance fee." The obligation to pay alimony and the right to visit are two independent legal relationships, which can neither offset nor defend against each other. The implementation of a different motion is an example. On the grounds that he was unable to visit for a long time and the other party did not allow him to see the children, he requested that the previously paid amount be deducted in this execution, or that the full amount be returned. The court held that the person subject to execution failed to fulfill the obligation of effective documents, and freezing his bank account was legal, effective and not improper. Whether the money transferred by WeChat can be deducted or not should be put forward in the original execution procedure, and the request for return should be settled through other procedures, and the final ruling rejects the objection. It can be seen that "no visits" cannot be a reason for refusing to pay alimony-if visits are blocked, they should apply for enforcement or prosecution of the right to visit separately, rather than using the child's living expenses as a bargaining chip.
Defense 2: "I want to pay in one lump sum, or on a monthly or annual basis." How to pay, usually stated in the effective instrument. In Cui's case, the judgment adopted the "installment combination": the maintenance fee of 24,000 yuan from November 2003 to October 2005 shall be paid within 30 days after the judgment comes into effect; After that, the maintenance fee for 67 months will be paid once a year and will be paid before January 10 of each year. If the person subject to execution proposes to negotiate the manner of performance, the two parties may reach an enforcement settlement; if the person applying for execution does not agree, the court shall execute the original document.
defense three: "can the maintenance fee be offset by the house, car and materials?"Alimony shall, in principle, be paid in monetary form. If the parties voluntarily reach an agreement to offset the property without harming the interests of their children, it can be recognized in practice; if one party does not agree, the court generally does not take the initiative to offset the debt with property, but will still perform it at the price after auctioning and selling the property. For example, Cui's case received more than 71,0
00yuan from the auction of the vehicle.
Defense Four: “It’s been so many years—statute of limitations has long since expired; I don’t have to pay.”" This plea is not valid. The Civil Code explicitly stipulates that the provisions on the statute of limitations shall not apply to claims for child support, alimony, or maintenance. The person subject to execution cannot refuse to pay the arrears of maintenance for "too long. This point is particularly compelling in cases involving long-term arrears and intermittent payments.
6. changes and additions: the amount can be adjusted, and the dependency relationship may also be affected.
The implementation is closely connected with the adjustment of the rights and obligations of the entity.
(I) request an increase in maintenance.Children grow up, life, education, medical expenses rise, the original amount may not be enough. Article 1085 of the Civil Code clearly stipulates that an agreement or judgment on a child's living expenses and education expenses shall not prevent the child from making a reasonable request to either parent, if necessary, for more than the amount originally set by the agreement or judgment. Even if the original judgment was only set at a few hundred yuan per month, as long as there are legitimate reasons such as price increases and significant increases in education and medical expenses, the child can sue for an increase in the name of the child. After the judgment comes into effect, an additional part will be applied for enforcement.
(II) apply for a change of dependency. If the party with the obligation to pay refuses to perform for a long time, or if there is a situation that is obviously unfavorable to the growth of the child, the party directly raising the child may request a change in the dependency relationship. It should be noted that the refusal to pay alimony itself generally does not automatically lead to a change in the dependency relationship, and the court will make a comprehensive judgment on the principle of the ability of both parties to support, the wishes of the children and the maximization of the interests of the children, but for those who repeatedly refuse to perform and evade responsibility, this undoubtedly increases the risk of losing their direct dependency status. In addition, if it is found that the person subject to execution transfers property to the spouse or evades execution with the joint property of the husband and wife, those who meet the conditions can also apply for the addition of the relevant subject as the person subject to execution in accordance with the law.
7. Frequently Asked Questions
Q: Can the other party directly apply for the implementation of the alimony agreed in the divorce agreement if the other party does not give it? cannot be executed directly. Should first sue in the name of the child, obtain an effective judgment or mediation before applying for enforcement.
question: do you need to pay for the execution? the execution application fee is generally borne by the person subject to execution, and is usually not paid in advance when applying, and the specific requirements of the court shall prevail. The case acceptance fee, etc. shall be handled in accordance with the burden determined by the judgment document.
Question: After the case has been concluded, the other party still refuses to pay. What should I do? actively search for and provide clues to the property, and apply for the resumption of execution at any time, and are not subject to the limitation of application for execution; at the same time, they can pay attention to whether they violate the order of height limit, whether they conceal and transfer the property, and promote the investigation of the responsibility of refusing to execute if necessary.
question: if the other party has no job and no property under his name, will he never get it? Not necessarily. You can pay attention to its future income, inheritance, demolition compensation, due claims, etc.; once enforceable property appears, immediately apply for resumption of execution and apply for continued seizure and freezing.
Q: Can you ask the other party to pay all the alimony in one lump sum? can be put forward, but whether it can be realized depends on the performance ability of the other party and the judgment of the court. In practice, most cases still focus on installment payment.
8. Lawyer's Practical Insights
If the other party does not pay the maintenance fee, don't rush to the court to apply for enforcement. The first step is to confirm whether there is "enforcement basis" in your hands ". If the effective documents such as judgments and mediation documents specify the amount and time limit of alimony, they can directly apply for enforcement; however, if it is an agreement in the divorce agreement, it has no enforcement power of its own, and it must first sue in the name of the child and get the effective judgment or mediation before it can be enforced. Many parties are stuck in this step, holding the agreement to implement the window repeatedly. Therefore, at the stage of prosecution or signing an agreement, it is necessary to pay attention to the amount of alimony, starting and ending time, and payment method to be clearly enforceable. If the main text is vague, it will have to be corrected afterwards, wasting several months in vain.
After filing the case, it is the court's investigation, control and disposal. When applying, you must prepare the execution application, identity certificate, effective documents and property clue list; bank deposits, network funds, real estate, and vehicles under the name of the person subject to execution will be entered for investigation and control, and if the circumstances are serious, they will be restricted from high consumption and included. List of dishonesty, until fines and detention. The key point here is that the more specific the property trail you provide, the greater the chance of execution in place. Many people think that "just hand it over to the court". As a result, the other party's name is checked for property that is not available for enforcement, and the case is put on hold when it comes to "ending this enforcement procedure. At ordinary times, it is often more effective to pay attention to each other's work units, frequent banks, and whether there are any new businesses or home buyers. It is often more effective to sort out these lists and give them to the undertaker than to wait.
It is necessary to understand that "cannot be executed" and "no need to return" are two different things. The final version is only a phased treatment when there is no property available for execution at present, and is not an exemption from the obligation. Once the other party is found to have property available for execution, it can apply for resumption of execution at any time. The common defense of the other party is "I have no ability" and "I have already paid". At this time, the transfer record, chat confirmation and collection voucher in your hand are the most direct rebuttal materials, so you should form the habit of keeping one by one and checking accounts regularly. If the amount needs to be adjusted due to changes in living standards, or if significant changes are found in the dependency relationship or ability to pay, a change may also be claimed separately. It is the simplest and most useful habit in such cases to leave traces of every communication and to record every account.
Back to the original question: If the other party doesn't pay alimony, can the enforcement get the money? The answer is -- Yes, but it needs basis, process and more clues.
If there is an effective judgment or mediation statement, apply for enforcement directly; if there is only a divorce agreement, sue first and then enforce it, which is the first step. After the case enters the enforcement stage, the court will, through online investigations and various compulsory measures, do its utmost to locate the parties and their assets, as well as to freeze and seize funds. How much can be recovered depends on whether the other party has any assets that can be subject to enforcement. If it is not found for the time being, the court will rule on the final version, but this is only a suspension, not an exemption-the person being executed still needs to continue to perform, and you can apply for resumption of execution at any time with new clues.
Three suggestions are given to the party directly raising: first, keep all evidences such as the judgment, mediation statement, transfer record, etc.; Second, provide property clues actively and concretely, and don't place all hopes on the court's investigation and control; Third, don't be fooled by the other party's saying that "if you don't let the visit, you won't pay" or "if you don't pay for a long time"-the law is on the child's side.