[Contribution] Child support claims can only be made up to 10 years after the child becomes an adult.

Attorney Hyun Byeong-hee of Daeryun Law Firm (Limited)

Even if a couple divorces, if they have minor children, they are obligated to raise them. In the event of a divorce, one of the parents becomes the custodian and takes care of the children, and the parent who does not have custody fulfills the duty of child support by paying child support.

Even if you do not receive child support properly, you can be reimbursed for the expenses incurred while raising your child. If there is no originally confirmed child support, or if there was a divorce by agreement without agreement on child support before the implementation of the child support burden decree, the costs can be paid through a past child support claim lawsuit even after the child becomes an adult.

However, the Supreme Court ruled that the statute of limitations on the right to past child support does not run while the child is a minor and the child support obligation continues, but runs from when the child becomes an adult and the child support obligation ends, making it possible to claim past child support only up to 10 years after the child becomes an adult.

On the 18th, the Supreme Court unanimously ruled that the right to claim posthumous child support for a minor child is only valid for 10 years from the time the child becomes an adult. In the case of child support, the Supreme Court precedent, which ruled that the statute of limitations does not run until a specific claim arises through agreement between the parties or a decision by the family court, has been changed for the first time in 13 years.

According to the current law, child support must be paid until the minor child becomes an adult at the age of 19, and if child support has not been received, past child support can be claimed even after the child becomes an adult. However, if past child support can be claimed indefinitely, there is a problem that those receiving the claim will have to spend their entire lives in a state of instability. In this regard, the Supreme Court ruled that it was necessary to apply a 10-year statute of limitations from the time the minor child became an adult because it did not meet the purpose of the statute of limitations system.

The statute of limitations is a system that recognizes the extinguishment of a right due to its non-existence within a certain period of time. In the case of general civil claims, the statute of limitations is 10 years, and if the right is not exercised within the period, the legal effect disappears. With this ruling, the statute of limitations for past child support rights, like general claims, begins to be calculated after the child becomes an adult.

The Supreme Court's unanimous decision stated, "The statute of limitations on the right to child support does not run while the child is a minor and the child support obligation continues, but begins when the child becomes an adult and the child support obligation ends."

While the child is a minor, child support may fluctuate, so it cannot be considered a complete property right. However, once the child becomes an adult, the amount is fixed, so the calculation of the statute of limitations begins like a general bond.

Accordingly, if you have not received child support, you will need to quickly prepare a lawsuit to claim past child support before your claim expires. This is because there is no legal way to respond after rights are extinguished.

At this time, it is important to understand that past child support may be recognized differently from the amount claimed. When calculating child support in the past, in addition to the objective costs of raising children, various factors such as the parties' financial situation and fairness of burden were taken into consideration.

If you want to receive maximum recognition for your claim, you need to make sufficient preparations according to the advice of a legal expert. It is realistically difficult for an individual to prepare materials that will be accepted at trial. Therefore, if you have not received child support, which is your right as a custodian, you must take care of the first step, such as calculating the amount.

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