Jeonju Family Law Attorney Case | Jeonju Family Law Attorney Succeeds in Claim for Unpaid Child Support

The client who came to the Jeonju family law attorney had divorced her former husband one year earlier, and after the divorce she had not received any of the child support that had been determined at that time.

The client decided to seek the help of a family law attorney in order to recover the child support, and she came to a Jeonju family law attorney at Daeryun Law Firm.

The duty and right to pay child support: A parent or legal representative who actually raises a minor child has the legal right to demand payment of child support from the party obligated to pay it.

■ Civil Act Article 837 (Divorce and Responsibility for Custody of Children)

(1) The parties shall determine matters concerning the custody of the child by agreement.
(2) The agreement under paragraph (1) shall include the following matters.

1. Determination of the custodian
2. Allocation of custody expenses
3. Whether and how visitation rights are to be exercised

(3) Where the agreement under paragraph (1) is contrary to the welfare of the child, the family court may order its correction or, ex officio, determine the matters necessary for custody by taking into account the intentions and age of the child, the financial situation of the parents, and other circumstances.

(4) Where no agreement on matters concerning custody is reached or no agreement can be reached, the family court shall determine such matters ex officio or upon the request of a party. In this case, the family court shall take into account the circumstances under paragraph (3).

(5) Where the family court finds it necessary for the welfare of the child, it may, upon the request of the father, mother, child, or a prosecutor, or ex officio, change matters concerning the custody of the child or take other appropriate dispositions.

(6) The provisions of paragraphs (3) through (5) shall not bring about any change in the rights and obligations of the parents other than matters concerning custody.

Parents have a joint responsibility to raise their child, and in principle the expenses of raising the child must also be borne jointly by the parents.

However, where for some reason only one of the parents comes to raise the child, the parent providing custody may claim from the other party a reasonable share of the present and future child support.

■ Imposition of an administrative fine

Where a person liable to withhold income tax violates an order for direct payment of child support without justifiable grounds, or where a person obligated to pay child support violates an order to provide security for child support or an order to comply with payment of child support without justifiable grounds, the family court that issued the order may, ex officio or by decision upon the application of the entitled party, impose an administrative fine of up to 10 million won.

■ Order of confinement

Where, despite an order to comply with payment of child support, the obligor fails to pay child support for three or more installments without justifiable grounds, the family court may, by decision upon the application of the child support creditor, order the confinement of the obligor for up to 30 days until the obligation is performed.

In addition, where a person who has received an order for lump-sum payment of child support fails to perform the obligation within 30 days without justifiable grounds, the family court may, by decision upon the application of the child support creditor, order the confinement of the obligor for up to 30 days until the obligation is performed.

■ Where a court order is not complied with

Where a person obligated to pay child support fails to perform the obligation even after receiving an order of confinement, that person may be subject to dispositions such as suspension of a driver's license, a ban on departure from the country, and public disclosure of the name.

Daeryun Law Firm's Jeonju family law attorney argued that, although the client and her former husband had reached a full agreement on all matters concerning child support at the time of their uncontested divorce, he had not made any payment from the divorce up to the present, and emphasized that the former husband had abandoned the obligation he was duly required to perform.

To prove this, Daeryun's Jeonju family law attorney submitted as evidence the child support agreement statement that had been prepared at the time of the uncontested divorce.

The Jeonju family law attorney argued that the client was suffering financial hardship because her former husband had not paid child support.

The Jeonju family law attorney emphasized that, although the former husband had an obligation to pay child support, he had failed to perform it.

Daeryun Law Firm's Jeonju family law attorney calculated and claimed the amount of child support that had not been paid up to that point in the Jeonju family law action.

In many cases, agreed child support is not paid after a divorce.

In such cases, the help of a family law attorney may be needed for a child support claim action.

In a family law action to claim child support, close communication is the most important factor.

At Daeryun Law Firm, a family law attorney participates directly from the initial consultation and assists by accurately confirming what the client seeks.

If you need the help of a family law attorney due to nonpayment of child support, a Jeonju family law attorney at Daeryun Law Firm can assist you based on numerous successful cases.