Child Support Claim Lawsuit

The Supreme Court has held that past child support may also be claimed under certain conditions.

Accordingly, absent special circumstances, a retroactive claim for part of the child support incurred after the child's birth is possible.

However, past child support may be recognized only in part through the court's hearing and judgment, and the full amount is not always recognized as it stands.

For reference, because past child support does not become established as a specific claim until it is sought, the statute of limitations does not run.

Supreme Court Decision 2010Seu85, dated August 16, 2011

However, where there has been an agreement or judgment expressly providing for the payment of child support, the statute of limitations may become an issue.

The Seoul Family Court has stated that child support should be calculated in accordance with the following basic principles.

When determining child support, the family court refers to the "child support calculation standards table."

This standards table reflects factors such as the number of children, their ages, and the parents' income to present an appropriate amount of child support, and the table that the Seoul Family Court put into effect in March 2022 is currently in general use.

The standard child support in the calculation standards table above is based on a four-person household with two children being raised, and refers to the average child support per child.

This calculation standards table is a guideline prepared by the Seoul Family Court and may serve as a reference.

The calculation standards table discussed earlier may serve as a reference, but it is not legally binding.

The court determines the final child support by comprehensively considering the following factors.

In addition, where the other party's exact income or asset details are unclear, the court may obtain substantive material through an order to submit a list of assets or an inquiry into asset and credit information.

Based on the child support calculation standards table, the standard child support is set at the point where the child's age and the parents' combined income meet.

This refers to the average monthly child support needed per child.

The total child support is determined by adding to or subtracting from the calculated standard child support the following individual circumstantial factors.

Once the total child support is set, the child support apportionment ratio is calculated according to the proportion that each parent's income represents of the total combined income.

For example, if the father's monthly income is 3 million won and the mother's monthly income is 2 million won, the father's apportionment ratio is 60% and the mother's apportionment ratio is 40%.

The child support that the non-custodial parent must bear is calculated as follows.

The child support calculated through this procedure is confirmed by the court's judgment, and compulsory execution becomes possible accordingly.

The person seeking child support (the custodial parent) must submit a complaint to the family court.

The complaint must specifically state the relief sought (for example, an order to pay 800,000 won in child support each month) and the cause of the claim (the marriage, divorce, circumstances of child-rearing, the other party's refusal to pay, and so on), and the following basic supporting documents must be submitted together with it.

The court serves the submitted complaint on the non-custodial parent and notifies that party to submit an answer within a set period.

If the other party considers the claim to be unjust, that party may also submit material rebutting it on the basis of income, ability to bear the cost, and similar factors.

The family court then hears the case and, where necessary, may recommend conciliation.

If the parties reach agreement on the amount of child support and similar matters, conciliation is reached and the conciliation protocol has the same effect as a final and binding judgment.

If no settlement is reached or the other party does not respond at all, the court decides the case on its own authority and issues a judgment.

This judgment specifically sets out the amount of child support to be paid, the method of payment (such as monthly installment payments), and the timing of payment, and it serves as the basis for subsequent compulsory execution.

Article 837, Paragraph 5 of the Civil Act provides that ‘where it is deemed necessary for the welfare of the child’ matters relating to child support may be modified.

In other words, an increase or reduction of child support is always judged with the welfare of the child as the central consideration.

The persons who may petition for a modification of child support are as follows.

If the party paying child support seeks a reduction, a modification is difficult on the ground of reduced income alone.

According to Supreme Court precedent, a reduction requires that the following combined factors be considered comprehensively, and the measure must be consistent with the welfare of the child.

Supreme Court Decision 2018Seu566, dated January 31, 2019

Conversely, where the custodial parent seeks to petition for an increase, this is possible when a change of circumstances such as the following arises.

In this case as well, the court will rule so that a balanced adjustment can be reached between the parents’ ability to bear the costs and the welfare of the child.

This firm includes a number of attorneys with, on average, more than ten years of experience.

We provide practical legal assistance throughout the entire process, from analyzing child support calculation standards to filing for property disclosure and retroactive claims for past child support.

If you need assistance with a child support claim, you may request the assistance of a divorce attorney at any time.