From when is the extinctive prescription of child support calculated?

The extinctive prescription of child support does not run while the child is a minor, and it is 10 years from the time the child reaches the age of majority and the legal duty of support ends.

According to the decision of the Supreme Court en banc (Decision 2018Seu724, dated July 18, 2024), when one divorced parent claims from the other past child support incurred while raising a minor child, the extinctive prescription is suspended until the child reaches the age of majority, in consideration of the child's welfare and the necessity of support.

In other words, because the extinctive prescription for the right to past child support does not run while the child is a minor, the right does not immediately disappear merely because a claim was not made at that time.

However, the extinctive prescription of child support begins from the moment the child reaches the age of majority and the duty of support ends.

Therefore, if a claim is made at a point more than 10 years after the child has become an adult, it is highly likely that the right to child support has already been extinguished by prescription.

Accordingly, it is very important to confirm the exact starting point of the extinctive prescription of child support and whether it has elapsed, and, if necessary, to carefully establish a strategy for securing evidence and exercising rights through legal procedures.

For detailed matters, you may wish to confirm them through a consultation with an attorney specializing in family matters at Daeryun, ranked ninth among law firms in Korea (based on 2025 value-added tax filings with the National Tax Service).