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离婚5年不曾看望孩子 女子拒不执行判决支付抚养费被拘

“小涛出生在我身边,但我没有工作,也没有钱,我不想抚养他.”小涛的亲生母亲史某从未见过与孩子离婚5年后的孩子老公,没有工作。拒绝支付赡养费。最近,Shimou被北京房山区人民法院拘留,因为他拒绝履行维护义务。

2010年9月,Shimou和Li结婚。结婚后,他们有一个儿子小涛。然而,小涛从小就生病了,他无法照顾自己。丈夫和妻子多次就孩子的健康问题发生争执,矛盾不断升级。最后,史某在2014年与李离婚协议中,双方同意小涛由他的父亲李某抚养,他的母亲史淼每月支付800元的维护费,直到小涛18岁。但离婚后,施某并不关心儿子小涛。据了解,小涛目前是一名多层次的残疾人。他从9岁起就从未去过学校。 Shimou于2016年再婚,并于2017年生下第二任丈夫。

由于施某从未履行其支持义务,李小姐作为小涛的法定代表人向史某提起诉讼,要求Shim支付赡养费。法院支持小涛的主张。今年1月,小涛向法院申请执法。

在参观调查后,行政法官发现被处决的人Shimou一直住在她的家里,并在她母亲开的一家餐馆工作。根据小涛父亲提供的线索,行政法官在房山区杨家岗村的一家餐馆看到了被处决者。

“小涛是你的亲生儿子。无论你和李的婚姻状况如何,你都应该履行你的支持义务。此外,法院对孩子的支持有判断力,你必须尽力履行你的义务。”/P>

“我不想抚养我的儿子。他也是我的天生,但我现在没有工作。我没有钱。如果你想抓住我,就抓住我。我不要什么都没有。“面对法官的处决,施某的态度是生硬的。

"What is your current husband doing?" "He didn't have a formal job. He usually beats short-term workers and earns some money, and now we still have a son to raise. There is no money to raise Xiaotao." "We think about it." There is still a child you need to raise, and you can take a few days, you think about it." Before leaving, the executive judge asked Shimou to come to the court three days later.

Three days later, although Shimou came to the court as if he was about to come to the court, he still had an old attitude and claimed that he was pregnant at present. After the hospital examination, Shimou was not pregnant. This time, the executor Shi was detained for 15 days for refusing to perform the effective judgment, obstructing the judicial staff from performing their duties, and refusing to report the property.

It is stipulated that parents have the obligation to raise and educate their children; when parents fail to perform their support obligations, children who are underage or unable to live independently have the right to ask parents to pay maintenance. The executive judge said that parents have the obligation to raise children regardless of whether they are divorced or not. If they are divorced, the one who does not live with their children needs to pay maintenance. In addition, according to the law, the enforced person refuses to report the property, If the property is falsely reported or the property is overdue due to unreasonable reasons, the court may take detention measures according to law.

In the face of Xiaotao, who has severe physical disability, the executive judge still hopes that the executor Shimou can recognize his mistakes and take the initiative to fulfill his obligations. Taking into account the actual situation of the case, the executive judge will next talk about the parties and formulate a repayment plan that both parties are satisfied with, so that the case has a satisfactory ending. (Reporter Xu Weilun, correspondent Tang Tianyu)

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