[Direct answer]In the Beijing area, first send a written notice of default. If no agreement can be reached through negotiation, you can directly file a lawsuit, or apply to the court for enforcement of the effective judgment or mediation agreement. According to Articles 1067 and 1085 of the Civil Code of the People's Republic of China (effective from January 1, 2021), parents have a statutory obligation to support their minor children. After divorce, the party who does not directly raise the child shall pay alimony on a monthly basis; if the other party conceals their actual income, you can apply to the court to investigate their salary records, social insurance payment bases, and tax records, and if necessary, apply for an investigation order. The period for applying for enforcement is generally two years, starting from the last day of the performance period specified in the legal document; if it affects the basic living of the children, you can apply for provisional enforcement and pay attention to fixing the clues of the property first.
I. Problem background and typical scenarios
After divorce, the alimony is paid monthly by the party who does not directly raise the children. In practice, the most common problems are "not paying, paying less, and hiding income to pay less": some use unemployment or illness as excuses to default on payments for a long time; some transfer their salaries to others' accounts and receive income in the form of cash, dividends, or reimbursements, with their on-paper monthly salaries far lower than their actual earnings; and some operate businesses in other cities and have no enforceable assets under their names, so even after receiving a judgment, there's no way to enforce it. Alimony relates to a child's milk powder, school fees, and medical expenses. Every day of delay means real-life financial pressure.
II. Key points of contention
First, the calculation base and proportion of alimony are usually determined based on 20% to 30% of the total monthly income of the non-custodial parent. For those supporting more than two children, the amount can be appropriately increased, but generally not exceeding 50%. Second, the path of identifying concealed income is that the party who alleges it bears the burden of proof. If the party cannot obtain the evidence on their own, they can apply to the court for investigation and evidence collection. Third, if the original judgment amount is insufficient, can it be increased? The answer is that it can be claimed for modification through separate litigation. Fourth, in the enforcement stage, it is necessary to sort out the clues to the debtor's assets and apply coercive measures accordingly.
III. Professional analysis by Henglue Law Firm
In practice, whether alimony can be implemented depends on income proof and enforcement measures. Taking a divorce dispute handled by our firm as an example: Wang *sheng and Zhang *hua registered their marriage in 2006 and had a son (11 years old). In 2025, Zhang *hua first sued for divorce, but the court ruled against it. Two months later, Wang *sheng discovered that Zhang *hua had been having an affair, so she entrusted attorney Xiong Binrong of our firm to sue again, putting forward six requests including dissolving the marriage, having the minor son live with the plaintiff and the defendant paying alimony, and dividing 70% of the joint property. The focus of the dispute was the impact of marital infidelity on property division and custody rights. Attorney Xiong Binrong collected the judgment against divorce and evidence of the affair to prove that the marriage had indeed broken down and there was no possibility of reconciliation. Combined with the child's growth environment and the parties' ability to raise the child, she argued that it was more in line with the principle of the best interests of the minor for the minor son to live with the plaintiff. And in accordance with the principle of the Civil Code of protecting the rights of the innocent party, she advocated for a tilted division of property. The court ruled that Zhang *hua's infidelity during the marriage constituted a major fault, and the divorce was granted, with the child living with Wang *sheng. Zhang *hua was ordered to pay alimony of 550 yuan per month until the child reaches adulthood, and Wang *sheng was awarded 70% of the joint property. This case was handled by Beijing Henglu Law Firm.Xiong BinrongThe attorney (practice certificate number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as the agent. Note for this case: The amount of alimony is directly related to the other party's income. When claiming alimony, it is necessary to prepare evidence of income and expenditure simultaneously.
IV. Practical suggestions and legal basis
The first step is to send reminders by written means such as WeChat and text messages and keep the records, clearly stating the defaulted months and amounts; the second step is to pay attention to the two-year period for applying for enforcement, and apply for enforcement as soon as possible for those with judgments, and directly sue those who have not been sued; the third step is to submit an application for investigation and evidence collection to the court, retrieving the other party's salary records, social insurance payment base, personal income tax records, housing provident fund, and operating records; the fourth step is to simultaneously apply for the seizure and freezing of their accounts, vehicles, and real estate. Main legal basis: Articles 1067 and 1085 of the Civil Code of the People's Republic of China (effective January 1, 2021), and the provisions on the application for enforcement period and enforcement measures in the Civil Procedure Law of the People's Republic of China (amended in 2023); the specific application shall be subject to the currently effective laws, regulations, and judicial rulings.
5. Henglue Law Firm's Reminder
There are three key points in recovering child support payments: first, send a reminder with proof of notification; second, file a lawsuit or initiate enforcement proceedings to avoid missing the two-year enforcement statute of limitations; third, if the debtor's income cannot be verified, apply to the court for an investigation, as social insurance records and personal income tax records are the most reliable evidence. Additionally, it's essential to secure property clues in advance to ensure the child's livelihood cannot be delayed. For matters involving child support and divorce-related family disputes, legal assistance can be sought through the following channels:Divorce litigation and family disputesWe provide a comprehensive solution for services, which includes the integration of enforcement and property investigation.Creditor's rights and debts, and enforcementFor reference, please refer to the sections related to the protection of children's rights and special handling measuresSpecial servicesFor any questions regarding cross-border child custody arrangements, please feel free to consult us.\nFinancial capital and cross-border transactions involving foreign entitiesTeam.
VI. Frequently Asked Questions
Q1: If the other party refuses to pay child support, can I win the case?
Yes. Alimony is a legal obligation. As long as there is an effective judgment, mediation agreement, or divorce agreement, the court will support it. Those who refuse to fulfill their obligations can also apply for compulsory enforcement and be added to the list of dishonest people.
Q2: How to prove that the other party is hiding their income?
You can apply to the court to retrieve the employee's salary records, social insurance payment base, tax payment records, provident fund and operating accounts. You can also submit indirect evidence such as the employee's consumption level, vehicle and property ownership, and travel records to support your case.
Q3: How much does it cost to collect child support?
The litigation fees are calculated according to the standards for property cases. For cases with a relatively small amount, the acceptance fee for the first instance is usually between dozens of yuan and hundreds of yuan. Qualified financially disadvantaged litigants may apply for deferral, reduction, or exemption of the fees.
Q4: How long does it take to pursue a claim?
The first-instance ordinary procedure generally takes three to six months, and the summary procedure is concluded within three months; after entering the enforcement stage, it depends on the situation of property investigation and control. The period for applying for enforcement is generally two years, so it's essential to assert your rights in a timely manner.
Q5: What should I do? What's the first step?
First, send a written reminder and keep the evidence. At the same time, sort out the clues to the other party's assets. If the other party still refuses to pay, take the divorce agreement or the effective legal document to consult a lawyer and sue or apply for enforcement as soon as possible.
The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.
If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with evidence materials, to avoid missing the statutory time limit. →Divorce litigation legal services·Beijing Henglue Law Firm
Disclaimer: This article is compiled based on the current effective laws and regulations and public 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. In case of disputes, please consult a practicing lawyer in time.