Can I file a child support claim lawsuit for child support I haven't received until now?

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My wife has recently been refusing marital relations and coming home late after drinking every day. By chance, I saw a screen on my wife's phone exchanging affectionate expressions with another man, but my wife is angry, denying she had an affair. I need to consider divorce, and I want to file a lawsuit against the other man. What evidence of infidelity should I gather?

past child support claim

divorce

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non-payment of child support

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作者: 김국일

Yes, child support from 5 years ago can also be claimed. The statute of limitations applies to child support claim lawsuits.

However, this statute of limitations does not run until the child becomes an adult.

According to the Supreme Court ruling, the statute of limitations for the right to claim child support begins from the time the child becomes an adult and the parenting obligation ends.

Previously, it was judged that the statute of limitations did not run if the right to claim child support was not established even when the child became an adult.

However, now it has been clearly stated that the right to claim child support can be exercised when the child becomes an adult.

In other words, if the child is a minor, the right to claim child support does not extinguish, and once the child becomes 19 years old and becomes an adult, the claim can be filed for up to 10 years from then.

Simply put, the statute of limitations is a system in which a right disappears if the right holder does not exercise the right for a certain period despite being able to exercise it.

Generally, claims disappear if not exercised for 10 years, and similarly, child support can be claimed within 10 years after the child becomes an adult.