CONTENTS
- 1. Non-payment of Child Support | Solutions
- - Order for Direct Payment of Child Support
- - Order to Provide Security and Order for Lump-Sum Payment
- - Order to Comply
- - Compulsory Execution
- - Temporary Emergency Support
- 2. Non-payment of Child Support | Sanctions Against Defaulting Parties
- - Imposition of an Administrative Fine
- - Order of Detention
- - Suspension of Driver's License
- - Travel Ban
- - Disclosure of Personal Information (Disclosure of the List)
- - Operation of a Field Support Team
- 3. Non-payment of Child Support | How the Creditor Should Respond
- - Securing an Enforcement Title
- - Applying to the Court for a Payment or Compliance Order
- - Use of Compulsory Execution or State Support
- 4. Non-payment of Child Support | How the Debtor Should Respond
- - Application for Reduction or Modification
- - Active Explanation Required
- 5. Non-payment of Child Support | The Need for Assistance
1. Non-payment of Child Support | Solutions
In the case of non-payment of child support, legal means can be used to secure performance by compulsion.
This is because child support is not a mere monetary claim, but a legal right directly tied to the child’s survival and welfare.
If child support is not paid on time, it can be recovered through the following methods.
Six Methods of Compelling Performance of Child Support
Name of System | Main Content |
① Order for Direct Payment of Child Support | Deducts child support directly from wages and pays it |
② Order to Provide Security · Order for Lump-Sum Payment | Requires security for periodic payments or orders a one-time lump-sum payment |
③ Order to Comply | Sanctions such as an administrative fine or detention upon non-performance after a payment order |
⑤ Compulsory Execution | Ascertains the debtor’s property and carries out execution such as attachment and auction |
⑥ Emergency Support | If there is a livelihood crisis, the State temporarily advances child support |
Order for Direct Payment of Child Support
If the child support debtor delays payment two or more times, the family court may order the company (the party obligated to withhold income tax) to deduct child support from the debtor’s wages and pay it.
Category | Content |
Application Requirements | There must be a final enforcement title (judgment, mediation, etc.) |
Child support unpaid two or more times | |
Filing Authority | The family court having jurisdiction over the child’s place of residence |
Form | The form may be downloaded from the court’s electronic civil petition center |
The application for an order for direct payment of child support must state the following matters and be submitted with an enforceable authenticated copy attached (Article 120-4 of the 「Rules of Family Litigation」).
Content to Be Stated in the Application
② Identification of the enforcement title
③ The specific details of the child support that has gone unpaid two or more times and the specific content of the periodic child support claim for which direct payment is sought but whose due date has not yet arrived
④ If an order for direct payment is sought with respect to only part of the child support claim stated in the enforcement title, or with respect to only part of the target claim, the scope thereof
Order to Provide Security and Order for Lump-Sum Payment
If the periodic payment of child support does not proceed smoothly, the family court may order the provision of security or the lump-sum payment of child support.
This is a preliminary measure to secure the performance of child support and is a very important procedure in practice.
Requirements for Applying for an Order to Provide Security
If the child support debtor has failed to pay child support without justifiable grounds, the child support creditor may apply for an order to provide security.
Category | Content |
Filing Authority | The family court having jurisdiction over the child’s place of residence |
Application Requirements | A final enforcement title exists + non-performance without justifiable grounds |
Application Form | The ‘application for an order to provide security’ may be downloaded from the court’s electronic civil petition center |
Items to Be Stated in the Application
② Identification and content of the enforcement title
③ The amount and period of the monetary obligation that the debtor has failed to perform
④ The purpose of the application and the grounds for the application
Cases Converted to an Order for Lump-Sum Payment
If the child support debtor fails to provide security within the period even after receiving an order to provide security, the family court may issue an order to pay all or part of the child support as a lump sum.
Category | Content |
Application Requirements | If the order to provide security has not been performed |
Application Method | Prepare the ‘application for an order for lump-sum payment’ for submission to the court |
Matters to Be Stated in the Application for an Order for Lump-Sum Payment
② Identification and content of the enforcement title
③ Content and identification of the order to provide security
④ The purpose of the application and the grounds
Order to Comply
Even where the payment of child support has been finalized through a family court judgment, mediation, or a child support obligation record, if the debtor fails to perform it, an ‘order to comply’ may be applied for at the family court.
What Is an Order to Comply?
Procedure | Content |
Subject of the Application | If child support has been set through a final judgment, mediation protocol, etc. |
Filing Authority | The family court that rendered the child support judgment |
Compulsory Execution
If the other party has failed to perform the obligation, you may apply for compulsory execution so that the duty to pay child support is realized compulsorily through state authority.
Application Procedure
② Applying to the court for issuance of an execution clause
③ Applying for compulsory execution against the debtor's assets (deposits, wages, real estate, etc.)
④ Receiving child support through an auction disposition
(Articles 28, 39, 56, and 90 of the Civil Execution Act, and Article 41 of the Family Litigation Act)
Temporary Emergency Support
If it is determined that a child's welfare is endangered because child support has not been paid, you may receive temporary emergency support for up to nine months through the Child Support Agency, a state institution.
Category | Details |
Applying Body | Child Support Agency |
Support Period | Up to 9 months, extendable by an additional 3 months |
Eligibility | At or below 50% of the standard median income or a person eligible for support under the Single-Parent Family Support Act |
Restrictions | Restricted in the case of overlapping support such as basic livelihood security / terminated immediately upon payment by the debtor |
2. Non-payment of Child Support | Sanctions Against Defaulting Parties
If non-payment of child support continues, the party may be subject to various administrative and criminal sanctions beyond a mere civil default on a debt.
These sanctions are used as a means of compelling the performance of child support, and they are very important response mechanisms in practice.
A party who defaults on child support may be subject to the following sanctions.
Imposition of an Administrative Fine
If the child support debtor violates a court order without justifiable grounds, the family court may, on its own authority or upon the creditor’s application, impose an administrative fine not exceeding 10 million won.
Order Concerned | Requirements for Imposing an Administrative Fine |
Order for Direct Payment | The party obligated to withhold income tax fails to perform without justifiable reason |
Order to Provide Security | The debtor fails to provide security without justifiable grounds |
Order to Comply | The debtor fails to make payment without justifiable grounds |
Order of Detention
If the child support debtor fails to comply with an order to comply or an order for lump-sum payment, the family court may issue a decision to confine (detain) the debtor in a holding cell, detention center, or similar facility for up to 30 days.
Requirements for an Order of Detention
Situation | Requirement |
Violation of an Order to Comply | Non-performance of child support for three or more periods without justifiable grounds |
Violation of an Order for Lump-Sum Payment | Non-performance without justifiable grounds within 30 days after the order |
If the debtor pays child support while the detention is being executed, the debtor is released immediately.
However, if the debtor fails to pay child support within one year even after receiving an order of detention, the debtor will be subject to the following punishment.
Child Support Enforcement Act, Article 27, Paragraph 2, Subparagraph 2 | Imprisonment for up to one year or a fine not exceeding 10 million won |
Suspension of Driver's License
If a child support debtor who has received a court order to comply continues to withhold child support without justifiable grounds, the debtor's driver's license may be suspended.
Requirements for Suspension
∙ Or unpaid child support of 30 million won or more
The Minister of Gender Equality and Family may, following deliberation by the Child Support Enforcement Deliberation Committee, request the commissioner of the local police agency to suspend the license.
However, where the driver's license is used for the purpose of earning a living and it is recognized that suspension would make it difficult for the child support debtor to maintain a livelihood, the license is not suspended (proviso to Article 21-3(1) of the Act on Enforcement and Support of Child Support).
Travel Ban
Where, despite having received an order to comply on account of non-payment of child support, the debtor fails to perform the child support obligation, a travel ban may be imposed.
Requirements for a Travel Ban
∙ Or unpaid child support of 30 million won or more
Requirements Under Which a Request to Lift the Travel Ban May Be Made
∙ If an unavoidable reason such as overseas medical treatment or the death of a family member is recognized
The Minister of Gender Equality and Family, following deliberation by the committee, requests the Minister of Justice to impose the travel ban, and may also request that it be lifted.
Disclosure of Personal Information (Disclosure of the List)
If a child support debtor fails to pay child support even after an order to comply, the Ministry of Gender Equality and Family may impose the sanction of disclosing the list of debtors.
This includes the debtor's name, age, address, occupation, and the unpaid amount and period.
Requirements for Disclosure
∙ Non-payment of child support for three or more periods after the order to comply
Before disclosure, an opportunity to present an explanation is granted for at least three months, and the period of disclosure is three years.
※ Grounds for exclusion from disclosure: submission of a performance plan after performing at least half, death, declaration of disappearance, commencement of rehabilitation proceedings, declaration of bankruptcy, and the like.
Operation of a Field Support Team
The Child Support Agency may operate a field support team for chronic defaulters.
The field support team visits the residence or workplace of the child support debtor in person to urge payment of child support and to support the enforcement of a detention order.
Operating Requirements
∙ If confirmation of the child support debtor's whereabouts and the debtor's attendance are required in order to enforce the detention
In practice, this is used very effectively as a means of improving social awareness of child support obligations and of applying pressure.
3. Non-payment of Child Support | How the Creditor Should Respond
Non-payment of child support is a sensitive matter directly tied to the child’s right to survival.
The parent who is to receive child support should respond systematically in the following order.
Securing an Enforcement Title
First, you must secure a 'final document setting the child support amount,' such as a written judgment, a mediation protocol, or a written decision recommending settlement.
This document is required because compulsory enforcement measures through the court are possible only with it.
If there is no enforcement title, child support must first be determined through trial or mediation, and the procedure can be explained through legal consultation with the Child Support Enforcement and Management Agency.
Applying to the Court for a Payment or Compliance Order
If the other party who has failed to pay child support continues to refuse, you may apply to the court for a ‘direct payment order’ or an ‘order to comply’ as discussed above.
If payment is still not made even after the order to comply, strong sanctions such as a detention order, suspension of a driver's license, and a travel ban may follow.
Use of Compulsory Execution or State Support
You may identify the other party's wages, deposits, and real estate and apply to the court for compulsory execution, or apply for 'emergency support' through the Child Support Agency.
See More
4. Non-payment of Child Support | How the Debtor Should Respond
In cases of non-payment of child support, where the situation continues without justifiable grounds, various administrative and criminal sanctions and social disadvantages follow.
Accordingly, where it has become difficult to bear child support, the following responses may be necessary.
Application for Reduction or Modification
If economic circumstances have changed markedly, such as a sharp decline in income, loss of employment, or illness, you may apply to the family court for a claim to reduce (modify) child support.
However, child support can ordinarily be modified only ‘where it is recognized as necessary for the welfare of the child,’ so in many cases a mere decrease in income alone is not sufficient for a reduction to be granted.
Accordingly, the ground that “income has decreased” alone is insufficient, and a reduction is granted only where it benefits the welfare of the child over the long term or is unavoidable.
Supporting Evidence Favorable to an Application for Reduction
∙ Medical certificate and a written opinion on long-term treatment
∙ Certificate of income amount, tax filing materials, and other materials capable of proving a decrease in income
Active Explanation Required
If you have become subject to a detention order, suspension of a driver's license, a travel ban, or the like, it is advisable to submit explanatory materials immediately.
Explanatory Materials Effective in Practice
∙ Certificate of job loss
∙ Certificate of loss of health insurance eligibility
∙ Bankruptcy petition, and the like
5. Non-payment of Child Support | The Need for Assistance
The issue of non-payment of child support goes beyond a simple matter of money and is a sensitive matter directly tied to the survival and welfare of the child.
In addition, legal procedures turn on the application requirements, supporting documentation, and the timing of each response, and even a slight misstep in response can lead to harm that is difficult to remedy.
If legal difficulties arise in the course of resolving a non-payment of child support issue, we encourage you to seek the assistance of a divorce attorney.
