[Direct answer]In the Beijing area, there are three conditions required for the enforcement of alimony. First, the enforcement basis: it is necessary to hold a legally effective and enforceable legal document, such as a court judgment, a mediation agreement, or an alimony agreement confirmed by the people's court. Usually, a proof of effectiveness is also required. Second, the applicant must be qualified: generally, it is the party who directly raises the child who applies in the capacity of the child's legal representative, and it is necessary to provide identity proof and proof of kinship. Third, the respondent must have enforceable property or property clues: after applying for enforcement, the court can inquire into, seize, and freeze the respondent's property according to law. Therefore, even if the location of the property is not known temporarily, it is possible to apply for enforcement and urge the court to investigate. It should be noted that if there is no judgment or mediation agreement beforehand, only a written agreement between the parties, it is usually difficult to directly apply for enforcement. It is necessary to first obtain the enforcement basis through litigation or judicial confirmation. Article 246 of the Civil Procedure Law of the People's Republic of China (amended and implemented on January 1, 2022) stipulates that the application for enforcement shall be based on the effective legal document, and it shall submit materials such as the application for enforcement, the copy of the effective legal document, and the enforcement basis.Creditor's rights and debts, and enforcementThe services in this column can assist in advancing the execution process.

I. Problem Background and Typical Scenarios

Common execution dilemmas include: having a judgment but the other party's account having no balance; the person subject to enforcement is a self-employed individual with unstable income and difficult to investigate and control; the person subject to enforcement delays on the grounds that he/she has no property under his/her name; after the judgment of alimony, the other party fails to pay for a long time and the amount continues to accumulate; wanting to apply for enforcement but not knowing what materials need to be prepared.Special services and other casesThe instructions on program coordination in the column can be used for reference.

II. Key points of contention

Focus One: The type and effectiveness of the enforcement basis. Focus Two: The qualifications of the applicant. Focus Three: The investigation and control of property clues. Focus Four: Countermeasures against the debtor's delay due to claiming to have no assets. Focus Five: The statute of limitations and cumulative calculation of the right to claim alimony. Focus Six: The resumption of enforcement after enforcement failure.Business and contract disputes in enterprisesThe analysis of enforcement failure in this column can be used as a reference for further study.

III. Professional analysis by Henglue Law Firm

Take the enforcement case handled by Lawyer Yun Hang of our firm as an example: After the court ruled on the contract dispute between the applicant for enforcement and the company subject to enforcement, it was found during the enforcement stage that the company had no assets available for enforcement, and the process was stalled for a while. The lawyer's response did not stop at the conclusion of the inability to enforce, but instead turned to reviewing the company's shareholders' capital contributions. It was found that none of the shareholders had paid the full amount of their contributions, so the lawyer filed a lawsuit against the shareholders for their liability for harming the interests of the company's creditors. The court ordered the shareholders to bear supplementary compensation liability within the scope of their unpaid contributions. This approach is also applicable to the enforcement of alimony: The difficulty in enforcing alimony often does not lie in the lack of assets, but in the special form of the assets or the overly narrow scope of the responsible parties. It requires a combination of enforcement measures and litigation in other cases to make progress.Special services and other casesThe program connection instructions in the column can be supplemented. This case is handled by Beijing Henglu Law Firm.Yuan HangThe attorney (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: 1. Confirm that the judgment or mediation agreement has taken effect and obtain a certificate of effectiveness; 2. Gather the children's birth certificates, household registration books, and proof of kinship; 3. Draft an enforcement application, stating the amount of alimony requested for enforcement, the payment history, and the calculation method; 4. Provide as much information as possible about the debtor's assets and income; 5. Apply to the court to conduct legal inquiries and take enforcement measures; 6. Regularly monitor the enforcement progress and apply for renewal of the freeze or resumption of enforcement. Legal basis: - The provisions on enforcement applications and enforcement measures in the *Civil Procedure Law of the People's Republic of China* (amended and implemented on January 1, 2022); - The provisions on alimony payment in the *Interpretation of the Marriage and Family Code of the People's Republic of China (I)*, implemented on January 1, 2021; - Specific applications shall follow the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the enforcement basis must be effective. A judgment that has not taken effect cannot be used as the enforcement basis. Secondly, the right to claim alimony is special in nature and is generally not subject to the statute of limitations for ordinary civil claims, but it still needs to be asserted in a timely manner. Thirdly, when the income of the person subject to enforcement is unstable, you can apply to the court to investigate their business activities and account transactions. Fourthly, the failure of enforcement does not mean giving up rights. You can apply to resume enforcement. Fifthly, pay attention to keeping evidence of the part that has been paid to avoid disputes caused by over-enforcement. Sixthly, during the enforcement process, you should maintain communication with the enforcement judge and provide verifiable clues.Divorce litigation and family disputesThe family cases described in the column can be used for reference.

VI. Frequently Asked Questions

Q1: Can I apply for forced enforcement of child support without a judgment document?

Generally, it is not possible to apply for enforcement directly. Applying for enforcement requires a valid legal document as the basis, which in alimony cases typically refers to a court judgment, mediation agreement, or an alimony agreement that has been legally confirmed by the people's court. If the two parties only signed a private agreement or made a unilateral commitment without legal confirmation, it is generally difficult to directly apply for enforcement, as the enforcement process requires a clear obligation to pay and a definite performance deadline. It is recommended to first negotiate with the other party to cooperate in obtaining legal confirmation, or to directly sue the court for alimony payment, and then apply for enforcement after obtaining a valid legal document.

Q2: What materials do I need to prepare to apply for the enforcement of child support payments?

Generally, the following materials are required: an application for enforcement, stating the amount of alimony requested for enforcement, the calculation method, and the payment status; the original and copy of the effective judgment or mediation agreement; a proof of effectiveness; the applicant's identity certificate and civil subject qualification materials; the child's birth certificate and proof of kinship; the identity information of the person subject to enforcement and as much detailed information as possible about their assets; if there are partial payment records, they should also be submitted for verification of the amount. Having all the necessary materials can significantly speed up the case filing process and facilitate the court's prompt implementation of enforcement measures.

Q3: What kind of property clues are needed to make enforcement easier?

The more specific the clues are, the better. It is recommended to organize them according to the following types: the specific address and property rights certificate number of the real estate, the brand and model of the vehicle and the license plate number, the employer and the salary payment account, the company name and the shareholding ratio, the frequently used payment accounts, and the verifiable sources of income. It should be noted that even if it is not possible to provide complete clues, you can still apply for enforcement and urge the court to conduct inquiries according to law, but the efficiency and results of the inquiry may be limited. Therefore, it is very important to establish a debtor's property file as early as possible, including the industrial and commercial information, communication addresses, and daily transaction traces at the time of cooperation, all of which may become key clues in the future.

Q4: If there's no money in the other party's account, can the execution still proceed?

The execution measures can continue to be taken. The court may, in accordance with the law, inquire into the accounts, vehicles, real estate, company shares, etc. under the name of the person subject to enforcement, and take measures such as sealing and freezing the discovered property; if eligible, the person may also be included in the list of persons subject to restrictions on high-consumption and dishonest enforcement, which will constrain their travel, bidding, and bank account opening. If there is indeed no property available for enforcement, the court may decide to terminate the current enforcement procedure. At this time, it is still necessary to collect clues about the property. Once the property is found, the right to enforce can be restored, and the rights will not be extinguished due to the termination of the procedure.

Q5: Can alimony be enforced and deducted from the other party's salary?

Yes. The alimony determined by the effective legal document is a monetary payment obligation. If the person subject to enforcement has fixed income such as wages, the court may, in accordance with the law, deduct and withdraw their bank deposits or wage income to settle the due debts. In practice, when applying for enforcement, it is advisable to provide clues about the person subject to enforcement's workplace and income situation as much as possible, so as to facilitate the court in taking deduction measures. It should be noted that if the alimony has not been paid for a long time and the amount accumulated is large, the applicant may claim the amount for the unpaid period together. However, it is important to note that the scope of the claim should be based on the scope determined by the effective legal document, and the excess part needs to be claimed separately.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in other regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence, to avoid missing the statutory time limit.\nLegal services for creditor-debtor disputes·Attorney Yuan Hang·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.