According to the relevant laws of our country, when the maintenance fee is not paid, the court will not transfer all the property when the account is frozen, and the court will retain the necessary living expenses of the executed person and the dependents.
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.
1) Those with fixed income. According to the ratio of 20-30% of the total monthly income, for first-tier cities such as Beijing, Shanghai, Guangzhou, and Shenzhen, the specific amount principle is controlled at 800-2000 yuan / month. If the burden is on two or more children, the proportion can be increased appropriately, but generally it should not exceed 50% of the total monthly income.
(2) For high income. If the ratio is higher than the above range, the above range can be exceeded. If there is no special case, it generally does not exceed 3,000 yuan / month.
(3) For low income. If the ratio is lower than the above range according to the above ratio, if there is a lot of other property, it may be judged according to the above range without the above ratio to protect the legitimate rights and interests of the children. Ability can be judged not in the above proportion but lower than the above range to ensure the minimum living standard of the children.
(4) For those without income. You can use your property to offset child support. If you have the ability to work, in principle, child support should be paid, because raising children is the parent s obligation, and the obligation cannot be waived because of no income for the time being, and the child s minimum living standard should be guaranteed.
According to the relevant laws of China, when the maintenance fee is not paid, the court s frozen account will not transfer all the property, and the court will retain the necessary living expenses of the executed person and the dependents.