According to the relevant laws of our country, if the maintenance fee determined by the court is not fulfilled by the party, the court may issue a notice of assistance to the work unit of the executed person to withhold the salary of the executed person.
Article 243 If the person to be executed fails to perform the obligations determined by the legal document in accordance with the notice of execution, the people s court has the right to withhold and withdraw the part of the income that the person to be executed should perform the obligation. However, the necessary living expenses of the person subject to execution and their dependents shall be retained.
When the people s court detains or withdraws income, it shall make a ruling and issue a notice of assistance in execution, which must be handled by the entity where the person to be executed is located, the bank, credit cooperatives, and other units with savings business.
When the elderly require their children to fulfill their maintenance obligations, it is best to understand what the maintenance costs include. Generally speaking, the main contents of statutory maintenance payments are:
The cost of sick treatment for the elderly. When an elderly person sues to the court for a maintenance dispute, the people s court shall determine the medical expenses that have already occurred and the relatively certain medical expenses that must be paid in the future for some chronic diseases, which shall be determined by the supporter as the content of the payment. As for the large medical expenses that may occur in the future, the amount and timing of the medical expenses are uncertain. Therefore, it is generally impossible to judge a request to support a large amount of medical expenses that may occur in the future for the elderly. From the perspective of protecting the legitimate rights and interests of the elderly and reducing their litigation, this method is feasible.
The living expenses of the elderly cannot be taken care of by themselves. If the elderly cannot take care of themselves, their children are obliged to take care of their basic life, but when they cannot do so for themselves, the related expenses incurred by others or the elderly care institution shall be paid by the children.
Housing costs for the elderly. Dependants have an obligation to properly house the elderly. If the elderly person does not have a house to live in and the elderly do not own a house, the reasonable rent shall be included in the maintenance fee.
Necessary spiritual consumption expenditure. The spiritual support of the elderly has become an indisputable legal principle, but there are always doubts about whether the mental support can be judged and how the judgment will be carried out in theoretical circles and trial practice. The author believes that Although the obligation of spiritual consolation is difficult to judge and enforce, the most basic spiritual enjoyment of the elderly, such as cable TV, radio, books, newspapers, and other expenses, can be determined by the obligor as the content of maintenance payments.
Necessary insurance costs. In addition to social security, the expenses of medical insurance such as the necessary medical expenses for the elderly should also be alimony. Insurance not only provides maximum protection for the elderly, but also shares a great deal of risk for the children , which is very worth promoting. For many elderly people, alimony is related to the quality of their later life.
According to the relevant laws of our country, if the maintenance fee decided by the court is not fulfilled by the party, the court may issue a notice of assistance to the work unit of the executed person to withhold the salary of the executed person.