[Gwangju Family Law Attorney Favorable Judgment Case] Successful Child Support Claim With the Assistance of a Gwangju Family Law Attorney

The client who sought a Gwangju family law attorney had previously divorced the other party, and received the child support determined at that time for only a few months, after which the client received none at all.

Because the child support was necessary for the family's future, the client came to Daeryun Law Firm.

Parental authority, custody, and child support for minor children

■ Civil Act Article 837 (Responsibility for Fostering a Child upon Divorce)

(1) The parties shall determine matters concerning the fostering of the child by agreement.

(2) The agreement under paragraph (1) shall include the following matters.

1. Determination of the custodian

2. Allocation of the fostering expenses

3. Whether and how the right of visitation is to be exercised

(3) Where the agreement under paragraph (1) is contrary to the welfare of the child, the Family Court shall order its correction or, on its own authority, determine the matters necessary for fostering by taking into account the child's intention and age, the financial situation of the parents, and any other circumstances.

(4) Where the agreement on matters of fostering is not reached or cannot be reached, the Family Court shall, on its own authority or upon the request of a party, decide on these matters. In such case, the Family Court shall take into account the circumstances under paragraph (3).

(5) Where the Family Court deems it necessary for the welfare of the child, it may, upon the request of the father, mother, child, or a prosecutor, or on its own authority, modify the matters concerning the fostering of the child or take other appropriate measures.

(6) The provisions of paragraphs (3) through (5) do not alter the rights and duties of the parents in matters other than those concerning fostering.

■ Child Support Calculation Standards Table (Source: Seoul Family Court)

Referring to prior precedent under which the other party may bear an appropriate portion of the child support and, where it is found reasonable for the other party to share past child support as well, that cost may be claimed, the Gwangju family law attorney noted the following,

The other party in this case was confirmed to hold substantial assets, and is therefore in a position fully capable of bearing the obligation to share child support.

Through the consultation with the client, the Gwangju family law attorney confirmed that the other party had cut off all contact immediately after the divorce and the loss of the custody dispute, and had not exercised visitation with the child.

There were also indications that the other party had abused the child during the marriage, and the other party's wish for custody appears to have been a means of obtaining financial benefit.

The Gwangju family law attorney assisted so that a child support claim would be possible, allowing the client and the child to envision a bright future.

As a result, the client became able to receive not only the past child support that had gone unpaid, but also future child support until the child reaches adulthood.

In the case of a child support claim, detailed preparation of the claim litigation by a family law attorney, with reference to past cases, is generally necessary.

A child support claim, which is most necessary for raising your child, is a very important matter. Daeryun Law Firm can assist you promptly and attentively.