How to respond to divorce custody and child support disputes explained by a lawyer

When a couple with minor children divorces, there is an issue that is as fiercely contested as alimony. It is a custody dispute over who will raise the child. Parenting is a serious issue that can affect a child's life, so it is carefully decided based on various data.

There is something that many couples say when claiming custody. It means ‘you take better care of your child than the other person.’ However, this is a misunderstanding, and the court judges based on the ‘welfare of the child’ rather than the parents’ claims. Simply put, rather than considering who loves the child more, it is important to consider who has made a more substantial contribution to raising the child and whether they can provide a stable environment as well as an emotional environment in the future.

Therefore, in order to claim custody, you need objective evidence that you put more effort into raising the child. For example, this includes parenting diaries or photos containing records of helping your child go to and from school or visiting the hospital with them. It is also important to emphasize that a stable job or high income level can provide a good economic and emotional environment for your children. In addition, if the child is enrolled in school, school records, comments from the homeroom teacher, and records of after-school activities may also be included as evidence.

Conversely, if there are reasons for which it is difficult to claim custody from the other party, materials that can prove unfavorable circumstances may be submitted. For example, it explains that there may be problems in parenting due to frequent drinking, violence, or long absences.

An issue that must be addressed along with child custody is child support. However, child support is also an area with many disputes, so negotiations often become difficult. Accordingly, the Seoul Family Court provides a 'child support calculation standard table' to minimize conflict, which is based on the parents' combined pre-tax income and the child's age. However, this is only a reference in case child support cannot be agreed upon, and the court makes a decision considering the specific circumstances of the couple. In addition, even if the divorce occurred without any agreement on child support, it is possible to claim 'past child support' for raising the child alone from the time of divorce, as well as 'future child support' required until the minor child becomes an adult.

Lawyer So-young Kwak of Daeryun Law Firm in Cheonan said, "The important thing in custody and child support disputes is to make logical arguments centered on the rights of the child. Emotional actions such as a strong will to raise children or blaming the other party do not help resolve the dispute. However, due to the nature of divorce litigation, it is very emotionally draining, so there is a high possibility of not understanding complex standards and procedures or making incorrect judgments. Therefore, custody can be obtained with the help of a divorce lawyer. “We will need to come up with a legal plan and strategy,” he said.

Reporter Jin Ga-young (lawissue) (news@lawissue.co.kr)

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