Enforcing Alimony and Child Support in China

When an ex-spouse or parent in China fails to pay court-ordered support, enforcement can be challenging. Here's how to pursue collection of alimony and child support in China.

Types of Support Orders

Child Support (抚养费)

• Paid by non-custodial parent
• Typically 20-30% of income
• Until child reaches 18 (or completes education)

Spousal Support (扶养费)

• Less common than in Western countries
• Usually temporary
• Based on need and ability to pay

Enforcement Methods

1. Court Enforcement Application

• Apply to court that issued order
• Submit proof of non-payment
• Court can take enforcement measures

2. Available Enforcement Measures

• Wage garnishment
• Bank account freezing/seizure
• Property seizure
• Credit blacklisting
• Travel restrictions
• Detention (up to 15 days)

3. Criminal Prosecution

For serious cases:

• Refusal to pay despite ability
• Can result in criminal charges
• Up to 3 years imprisonment

Cross-Border Enforcement

Foreign Orders in China

• Must apply for recognition first
• No treaty with most countries
• Reciprocity principle applies
• May need to re-litigate in China

Chinese Orders Abroad

• Depends on destination country's laws
• Some countries recognize Chinese orders
• May need local enforcement proceedings

Modifying Support Orders

Orders can be modified if:

• Significant change in circumstances
• Payer's income substantially changes
• Child's needs change
• Cost of living increases

Practical Challenges

• Locating payer's assets
• Hidden income (cash payments)
• Payer moving to different city
• Enforcement delays
• Cross-border complications

Tips for Success

• Keep detailed records of non-payment
• Document payer's known assets
• Act quickly when payments stop
• Consider hiring investigator for hidden assets
• Use credit blacklist threat as leverage