When does the child support statute of limitations start being calculated?

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Due to my husband's assault and threats, I've ended up filing for divorce. But I'm worried because they say I'll have to be in the same space as my husband when appearing in court or going through mediation. I still have a strong fear of his violence and am anxious about possible retaliation. I'd like to know if there's a way to avoid encountering my husband during a domestic violence divorce lawsuit, or any system that allows me to go through the trial safely.

child support statute of limitations

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作者: 김국일

The child support statute of limitations does not run while the child is a minor, and is 10 years from the time the child reaches the age of majority and the legal duty of child-rearing ends.

According to the Supreme Court en banc decision (Supreme Court 2018Seu724, dated July 18, 2024), when one divorced parent claims past child support arising from raising a minor child against the other party, considering the welfare of the child and the necessity of child-rearing, the statute of limitations is suspended until the child reaches the age of majority.

That is, the right to past child support does not have its statute of limitations run while the child is a minor, so the right does not immediately disappear just because you did not claim it at that time.

However, from the moment the child reaches the age of majority and the duty of child-rearing ends, the child support statute of limitations begins.

Therefore, if you make a claim 10 years after becoming an adult, there is a high possibility that the child support right has already been extinguished by the statute of limitations.

Accordingly, it is very important to confirm the exact starting point and elapsed status of the child support statute of limitations, and if necessary, carefully establish strategies for evidence collection and exercise of rights through legal procedures.

For more details, please consult with a family law specialist attorney.