What To Do After Divorce The Husband Or Wife Is Not Responsible For Child Support?

According to the provisions of Article 82.2 of the Law on Marriage and Family 2014, after a divorce, the parent who does not directly raise a child has the obligation to support this child. The common child support obligation automatically arises from the time the parents divorce, regardless of where the spouse is, what they do, and what their economic conditions are, the spouse still has obligations and responsibilities for child support[1]. However, in reality, for many different reasons, support is not performed or performed improperly. So in the case after the divorce, the husband or wife is not responsible for child support according to the Decision on recognition of consent to divorce/ Court judgment, how to handle it? In this article, Lac Duy & Associates will offer a solution in the above case for your reference.

Arccoding to Article 45 of the Law on Enforcement of Civil Judgments 2014, the time limit for voluntary execution of a judgment is 10 days after the judgment debtor receives or is properly notified of the judgment enforcement decision. In case the husband is not responsible for support, the wife has the right to make a petition to enforce the judgment. After receiving the petition, the judgment enforcement agency will examine the dossiers, if the dossiers are complete and valid, they will issue a judgment enforcement decision. The judgment enforcement agency will investigate the husband’s circumstances and consider organizing the judgment enforcement or delaying in accordance with the law. If during the verification process, it is discovered that the husband has full conditions for child support but has not provided support, the judgment enforcement agency will organize the coercive judgment enforcement. In case it can be verified that the husband is unable to provide child support due to difficult circumstances, the judgment enforcement agency will postpone the judgment enforcement.

If the husband intentionally avoids the support obligation, the wife can sue at the Court to force the performance of the obligation. Not only that, people who avoid child support obligations will be handled and may also be administratively sanctioned or criminally responsible, specifically:

• The husband who avoids the support obligation shall be administratively handled in the following cases: According to Article 54.2 of Decree 167/2013/ND-CP regulations on sanction of administrative violation in social security, order and safety, prevention and fighting of social evils, fire and domestic violence, the husband will be warned or fined from VND 100,000 to VND 300,000 when refusing or avoiding the obligation to support and take care of children after divorce.

• The husband who avoids support obligations shall be examined for criminal liability in the following cases:

The husband avoids support obligation and avoidance results in serious bodily harm of the recipient or does it while having incurred an administrative penalty, he shall receive a warning, face a penalty of up to 02 year’s community sentence or 03 – 24 months’ imprisonment[2].

The support obligation has been reflected in the court’s judgment or decision but the husband fails to serve a judgment or decision of the court despite the fact that enforcement measures have been taken as prescribed by law or an administrative penalty for the same offense was imposed, such person shall face a penalty of 03 – 24 months’ imprisonment[3]. In addition, the person who avoids the support obligation, in this case, may also be fined from VND 5,000,000 to VND 50,000,000[4].

Above is the necessary information on how to handle when the husband or wife is not responsible for child support according to the Decision on recognition of the consent to divorce/ Court judgment. If you have any questions that need advice or support, readers can immediately contact Lac Duy & Associates for timely assistance.

[1] Section 11 Resolution No. 02/2000/NQ-HDTP of the Judicial Council of the Supreme People’s Court No. 02/2000/ND-HDTP dated December 23, 2000, guiding the application of some of provisions of the Law on Marriage and Family 2000

[2] Article 1.37 of Law amending the Criminal Code 2017

[3] Article 380.1 of Criminal Code 2015

[4] Article 380.3 of Criminal Code 2015