Seocho divorce lawyer: “Property division and child support issues following divorce depend on the lawyer’s capabilities.”

There are a variety of issues on which a couple cannot agree upon a divorce, but generally, division of property, alimony for the at-fault spouse, parental rights, custody, and child support of minor children are considered representative dispute elements. Among them, we asked divorce lawyer Shim Jae-guk of Daeryun Law Firm about property division and custody issues, which are hotly contested.

- How should we calculate the property division ratio?

The purpose of property division is to liquidate all property acquired by two people during the marriage in proportion to each person's contribution. Therefore, the more contributions are recognized, the more advantageous it is in property division claims. The contribution to property division can be a comprehensive indicator of various situations, such as whether there is a double income, the economic contribution to the property formation process such as investment, the start of the marriage breakdown, and the degree of childcare sharing. After filing a divorce lawsuit, you must go through several processes, such as confirming the other party's assets through a fact-finding request, calculate the amount of property division, and prepare supporting materials regarding your contribution to the property formation process.

- How to receive property division payment

If a couple's joint assets are in the name of one spouse, there are cases where the spouse disposes of cash and real estate during the divorce proceedings. In this case, even if the right to receive money for property division is recognized as a result of the judgment, it may be difficult to receive payment in reality, so there is a way to prevent the other party from disposing of or concealing property by applying for a provisional seizure of bonds, salaries, severance pay, deposits, and rental deposits held by the spouse before the divorce suit, or a provisional injunction on land and real estate.

- Measures to secure custody

Custody is a parent's right to decide matters necessary for the upbringing of a minor child. During marriage, the couple jointly exercises this right, but in case of divorce, the person with parental authority and custody must be designated. In general, the court determines custody by considering the child's growth and welfare, including the child's age, parents' financial situation, and other circumstances, as well as intimacy with the child and parenting ratio. Once custody is designated, it is rare for changes to be accepted, so it is necessary to seek assistance from a divorce lawyer from the beginning in order to secure custody.

- How can the problem of non-payment of child support be resolved?

If child support has never been paid, you can apply for a child support order. If you do not comply with the child support order, you may be subject to a fine of up to 10 million won, and in some cases, you may be sent to a detention center or other detention center. Additionally, if the person who has not paid child support is an office worker, he or she may apply for an order to pay child support directly. A direct payment order is a method of having a person who has not paid child support more than twice have their wages garnished by the company they work for and pay child support directly. Future child support, including past child support, can be received under the concept of prior disposition, but because situations vary, it is important to quickly receive expert assistance and respond appropriately to the situation.

Meanwhile, Daeryun Law Firm, headed by divorce lawyer Shim Jae-guk, is a comprehensive law firm with 15 law offices across the country. To protect the rights and interests of our clients, we currently provide legal services and litigation services, including 1:1 direct counseling services through lawyers specializing in divorce, family affairs, civil affairs, and criminal matters.

Herald Economy real@heraldcorp.com

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