Anyang Divorce Attorney Case | Anyang Divorce Attorney, Prevailing in the Appellate Trial on Modification of Child Support

The client who came to the Anyang divorce attorney wished to file an appeal against the former wife's lawsuit for modification of child support.

The client's former wife had supported herself by working as a Pilates instructor. She filed a lawsuit for reduction of child support, claiming that she currently had no suitable job and therefore no income at all.

The client was unable to prove the former wife's income and ultimately lost the lawsuit for reduction of child support.

In response, the client came to the Daeryun Anyang divorce attorney in order to secure evidence such as records of the former wife's activity as a Pilates instructor and proof of her income, and to proceed with an appellate trial on the modification of child support.

■ Statutes Related to the Case as Explained by the Anyang Divorce Attorney

▶ 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. Bearing of custody expenses

3. Whether and how the right of visitation shall 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 may determine the necessary matters concerning custody ex officio, taking into account the intent and age of the child, the property 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 decide the matter 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 deems it necessary for the welfare of the child, it may, upon the request of the father, mother, child, or a prosecutor, or ex officio, modify 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 duties of the parents other than matters concerning custody.

The Anyang divorce attorney requested investigative work from the Daeryun Evidence Investigation Center and secured evidence that the client's former wife was currently employed.

Using the basic information about the former wife provided by the client, it was possible to confirm the landline number of the Pilates studio that the former wife had operated.

In addition, as a result of an investigation using a Pilates community, it was confirmed that the former wife had moved to a neighboring area and was actively working as a Pilates instructor.

The Anyang divorce attorney contended that the former wife's claim that she was currently unemployed and earning no income was false.

The Anyang divorce attorney argued that the client's former wife was currently working actively as a Pilates instructor and had specific plans for future income-generating activity.

The Evidence Investigation Center, posing as an inquiry call, telephoned the Pilates center where the former wife worked and confirmed that the former wife had an instructor contract running for the next two years.

In addition, the former wife had a specific plan for income-generating activity, namely to return to her hometown and operate a one-person Pilates studio after her contract at her current workplace expired.

Accordingly, the Daeryun Anyang divorce attorney demonstrated the former wife's income-generating activity and her specific plans, and contended that a decision to reduce child support was unjustified.

The client who came to the Anyang divorce attorney visited Daeryun in order to secure evidence proving the former wife's income-generating activity and to file an appellate trial on the modification of child support.

In response, the Anyang divorce attorney assisted with the overall procedure of the lawsuit, including requesting investigative work from the Daeryun Evidence Investigation Center to secure evidence.

As a result, the court accepted the arguments of the Anyang divorce attorney, and the client was able to prevail in the appellate trial on the modification of child support.

If you are considering a lawsuit to modify child support, as in the situation above, please consult with the Anyang divorce attorney at Daeryun Law Firm.