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Chapter Law Content

Title: Family Act CH
Category: Judicial Yuan(司法院)
PART V SECURING PERFORMANCE AND EXECUTION
CHAPTER II EXECUTION OF EXPENSES FOR MAINTEANCE OR OF OTHER EXPENSES
Article 189
With regard to execution of claims of expenses of maintenance, the execution fees may be temporarily exempted until deducted from the proceeds from the execution.
Article 190
Where the debtor, in accordance with a writ of execution, bears the obligation of payment for living expenses of the household, for expenses of maintenance or for alimony to be made in installments and there is an incomplete performance of one installment, although the payment period for the other installments has not yet expired, the creditor may nonetheless motion for execution of those installments of payment.
With regard to the execution conducted in accordance with the preceding paragraph, the attachment may only list as object the salaries of the debtor the payment period of which has already expired or other obligatory rights subject to continuous payment.
Article 191
Where the debtor, in accordance with a writ of execution, bears the obligation of payment for living expenses of the household, for expenses of maintenance or for alimony to be made in installments and there is an incomplete performance of one installment, although the payment period for the other installments has not yet expired, the executing court may, upon motion by the creditor, by a ruling order the debtor to make the payment within the time limit of each period, and order that in the circumstance where the payment is not made within the time limit, an amount of mandatory payment shall be payable to the creditor. Nevertheless, the foregoing shall not apply to circumstances where the court that made the ruling has determined the amount that shall be paid in addition in accordance with Article 100, Paragraph 4.
In making a ruling in accordance with the preceding paragraph, the court shall take into account the detriment caused by the non-performance of obligation to the creditor, the financial situation of the debtor, and the prior state of obligation performance.
The mandatory payment provided in Paragraph 1 of this Article shall not exceed half of the amount of payment in each installment.
Where the payment period for obligations provided in Paragraph 1 of this Article has already expired, the court may, upon motion by the creditor, by a ruling order the debtor to perform the obligations within a designated period of time, and order that in the circumstance where the payment is not made at the expiry of the time limit, an amount of mandatory payment shall be payable to the creditor. The provisions in the preceding two paragraphs shall apply, mutatis mutandis, to the foregoing situation.
Where the debtor proves that he or she is without financial means to pay back the debt or paying back the debt will result in obvious financial distress in his or her normal life, the executing court shall, upon motion by the debtor or on its own initiative, revoke the ruling made in accordance with Paragraph 1 or Paragraph 4 of this Article.
Article 192
Where there is a fundamental change of circumstances after a ruling on mandatory payment made in accordance with Paragraph 1 or Paragraph 4 of Article 191 becomes final and binding, the executing court may, upon motion by the debtor, modify the said ruling.
Where the debtor makes the motion in accordance with the preceding paragraph, the court may, when necessary, by a ruling suspend the execution of the ruling on mandatory payment.
No interlocutory appeal may be taken from a ruling done in accordance with the preceding paragraph.
Article 193
Limitations provided in Article 122 of the Compulsory Execution Act do not apply to the execution of obligations of payment for expenses of maintenance for a minor child. Notwithstanding the foregoing, the expenses necessary for maintaining the subsistence of the debtor and the minor child whose living the debtor is responsible to maintain may not be listed among the object of execution.