[Goyang Family Law Specialist Attorney Favorable Judgment Case] Goyang Family Law Specialist Attorney Succeeds in Changing the Holder of Parental Authority and Custody, and Then in Claiming Past Child Support

CONTENTS

1. The Client Who Came to the Goyang Family Law Specialist Attorney
- - The Circumstances of the Case as Understood by the Goyang Family Law Specialist Attorney
- - Relevant Precedents Explained by the Goyang Family Law Specialist Attorney
2. The Goyang Family Law Specialist Attorney's Assistance
- - Goyang Family Law Specialist Attorney Emphasizes That the Client Has the Economic Ability
- - Goyang Family Law Specialist Attorney Emphasizes That the Other Party Is Not Qualified to Be the Custodian
- - Goyang Family Law Specialist Attorney Emphasizes That the Client Should Be Reimbursed Child Support for the Period He Actually Provided Care
3. The Result of the Goyang Family Law Specialist Attorney's Assistance: ‘Change of the Holder of Parental Authority and Custody’
- - Custody and Child Support Litigation, Because Specialized Attorney Assistance Is Needed

1. The Client Who Came to the Goyang Family Law Specialist Attorney

Because the other party, who had taken custody, had not fulfilled the duty to support the party concerned, the client who came to the Goyang family law specialist attorney wished to change custody to the client alone and to claim child support for the period during which the client had actually provided care.

The Circumstances of the Case as Understood by the Goyang Family Law Specialist Attorney

The account that the client shared with the Goyang family law specialist attorney is as follows.

The client divorced his wife about 5 years ago. The terms decided at that time “designated the plaintiff (the other party) as the custodian” and required that “the defendant (the client) pay the plaintiff (the other party) 1 million won per month, on the last day of each month, as child support for the party concerned.”

However, during the other party's care, the assault and abuse of the party concerned were severe, and the party concerned could not endure it and went so far as to attempt suicide.

Although the other party was able to avoid punishment because the party concerned expressed an intention not to seek punishment, the party concerned had to receive suicide-prevention education, and even afterward the party concerned is reportedly afraid of and avoiding the other party.

After the above incident, the party concerned has reportedly continued to live together at the client's residence and to receive care from the client.

The client therefore filed a lawsuit to change the holder of parental authority from the client and the other party to ‘the client alone’ and to change the custodian from the other party to ‘the client,’

and to obtain reimbursement from the other party for the child support loss incurred during that period.

Relevant Precedents Explained by the Goyang Family Law Specialist Attorney

▣ On the Determination of Custody and the Holder of Parental Authority

The Supreme Court has held that, "in determining which of the parents to designate as the person to exercise parental authority over a minor child and as the custodian when the parents divorce, the court must comprehensively consider all factors, including the sex and age of the minor child, whether each parent has affection for the child and an intention to provide care, as well as whether each parent has the economic ability necessary for care, the degree of closeness between the father or mother and the minor child, and the wishes of the minor child, and must make the determination in the direction that is most helpful and suitable for the growth and welfare of the minor child."

- Supreme Court Judgment of May 13, 2010, 2009Meu1458, 1465

▣ On the Obligation to Return Unjust Enrichment Where the Duty of Support Was Not Fulfilled

The Seoul High Court has held that “although the defendant, as the father of the parties concerned above, bears the duty of their support, the plaintiff cared for the parties concerned during the period in question, so that the defendant obtained, without legal cause, a benefit equivalent to the expenses the plaintiff incurred for the care of the parties concerned, whereas the plaintiff suffered a loss in the same amount, and therefore the defendant has an obligation to return that unjust enrichment to the plaintiff.”

- Seoul High Court Judgment of October 29, 1976, 76Na1878

2. The Goyang Family Law Specialist Attorney's Assistance

After the consultation, the Goyang family law specialist attorney resolved to obtain a favorable judgment for the happiness and peace of mind of the client and the party concerned.

To this end, the attorney formed a family law specialist attorney team made up of three or more experts with extensive experience in petitions to change the holder of parental authority and custody, and made the following arguments to the court based on various materials.

Goyang Family Law Specialist Attorney Emphasizes That the Client Has the Economic Ability

The attorney emphasized that the client, a manager at a large corporation, earned a higher salary than the other party and thus had a favorable care environment.

The attorney also emphasized that, even when the client did not have custody, he had faithfully paid child support for the party concerned.

Goyang Family Law Specialist Attorney Emphasizes That the Other Party Is Not Qualified to Be the Custodian

According to the Supreme Court's judgment, the person who should hold custody is determined by considering factors such as ‘the parent's affection and intention to provide care, and the degree of closeness with the party concerned,’

The attorney emphasized that the other party, who had instilled fear in the party concerned by committing abuse and had even driven the child to attempt suicide, was not qualified to be the custodian.

Goyang Family Law Specialist Attorney Emphasizes That the Client Should Be Reimbursed Child Support for the Period He Actually Provided Care

The client has actually been responsible for care from the time the party concerned attempted suicide up to the present.

The attorney therefore emphasized the need to calculate and recover from the other party the child support for this period (the same amount as the child support recognized in the decision recommending settlement at the time of the past divorce).

3. The Result of the Goyang Family Law Specialist Attorney's Assistance: ‘Change of the Holder of Parental Authority and Custody’

Accepting the arguments of Daeryun's Goyang family law specialist attorney, the court rendered a judgment that ‘the holder of parental authority over the party concerned is changed from joint parental authority to the sole parental authority of the petitioner (the client), and the custodian is changed from the other party to the petitioner,’

and also rendered a judgment for the payment of past child support, ‘the other party shall pay the petitioner 52 million won as past child support for the party concerned.’

Custody and Child Support Litigation, Because Specialized Attorney Assistance Is Needed

The above case was the account of a client who, with the assistance of the Goyang family law specialist attorney, regained parental authority and custody of his child and also succeeded in claiming past child support.

At Daeryun Law Firm, specialized attorneys with extensive experience in obtaining favorable judgments in similar divorce litigation actively assist clients.

If you are troubled by a situation similar to that of the client above, you may seek the assistance of Daeryun's Goyang family law specialist attorney at any time.

[일산가사전문변호사 승소 사례] 일산가사전문변호사, 친권 및 양육권자 변경에 이어 과거 양육비 청구까지 전액 인용 성공

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