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Claim for past child support reimbursement

Chuncheon Divorce Law Specialist Attorney | A Chuncheon Attorney Recovers 90 Million Won in Child Support Unpaid for Ten Years

The client of the Chuncheon divorce specialist attorney sought to claim past child support because the former husband had never once paid child support, and with the assistance of a child support attorney, the client was granted ninety million won.

CONTENTS
  • 1. The Client Who Came to the Chuncheon Divorce Law Specialist Attorney
    • - The Details of the Case as Heard by the Child Support Attorney
    • - Past Child Support Reimbursement Claims as Explained by the Child Support Attorney
  • 2. The Assistance Provided by the Chuncheon Divorce Law Specialist Attorney
    • - The Child Support Attorney Argues That the Husband Has an Obligation to Pay Child Support
    • - The Child Support Attorney on the Calculation of Past Child Support
  • 3. The Chuncheon Divorce Law Specialist Attorney Succeeds in Having 90 Million Won in Past Child Support Granted

1. The Client Who Came to the Chuncheon Divorce Law Specialist Attorney

The client who consulted with the Chuncheon divorce specialist attorney had raised the children alone after separating from the husband, and a considerable time later obtained a divorce by agreement with the husband.


About ten years later, the husband applied for a division pension claim against the client's national pension, and the client, who came to the divorce attorney at the Chuncheon branch office, sought to argue that there had been no substantive marital relationship for a considerable period and, at the same time, to claim past child support.

The Details of the Case as Heard by the Child Support Attorney

Chuncheon divorce specialist attorney
Clicking the image above allows you to view information about the child support claim lawsuit.

The client of the Chuncheon divorce attorney had been living with one son after marrying the husband.

However, the husband displayed a violent disposition and habitually used abusive language, and during the marriage he was unable to find employment and spent most of his time at home, doing no economic activity whatsoever, so that the client alone supported the family.

In the meantime, the husband left the home, taking the jeonse deposit and all of the furniture in the house while leaving only debt behind, and the marriage between the client and the husband broke down.

After the separation, the client barely managed to make a living until the client's health rapidly deteriorated and the client was unable to work, the debt rapidly increased, and in order to file for bankruptcy and discharge, the client located the husband and completed the report of divorce by agreement.

However, a few days earlier, the husband had filed a division pension claim against the client's old-age pension, and the client visited Daeryun in order to file a suit seeking confirmation of the non-existence of the marital relationship and, at the same time, to make a claim for past child support.

Past Child Support Reimbursement Claims as Explained by the Child Support Attorney

The obligation of child support is provided for in Article 837 of the Civil Act.

Article 837 of the Civil Act (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 [1. the determination of the person who fosters the child, 2. the bearing of the costs of fostering, 3. whether to exercise the right of visitation and the method thereof].
(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 fostering, taking into account the intent and age of the child, the property status of the parents, and other circumstances.
(4) Where no agreement on matters concerning fostering is reached or such agreement cannot be made, the family court shall determine these matters ex officio or upon the request of a party.

In such cases, 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, alter the matters concerning the fostering of the child or make another appropriate disposition.
(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 fostering.

A 🔗child support claim lawsuit may be filed by the custodial parent who has fostered the child against the non-custodial parent, who is the biological mother or biological father.

Although the amount of child support is not separately specified in the law, it is determined in consideration of various circumstances, such as the age of the child, the property status of both parties, and other economic conditions.

However, in accordance with a Supreme Court decision, the right to claim a minor child's child support retroactively is valid only for ten years from the time the child reaches adulthood.

2. The Assistance Provided by the Chuncheon Divorce Law Specialist Attorney

The Chuncheon divorce specialist attorney assisted the client by arguing that the husband had an obligation to pay past child support.

The Child Support Attorney Argues That the Husband Has an Obligation to Pay Child Support

The husband had never once paid child support for the child since marrying the client of the Chuncheon divorce attorney.

The husband argued that he had paid ten million won as child support at the time of the divorce by agreement with the client, but it was emphasized that this had been a partial contribution to the child's university tuition, that this amounted to nothing more than discretionary support for a child who was already an adult, and that it was therefore unrelated to past child support.

The Child Support Attorney on the Calculation of Past Child Support

The client of the Chuncheon attorney had raised the child alone since marrying the husband and had used most of the monthly income on child support, such as the child's education expenses, medical expenses, and food expenses.

By contrast, it was argued that, considering that the husband had never once interacted with the client and the child after leaving the home, and was leading a comfortable life by himself, owning two apartments, he had an obligation to pay a substantial amount of past child support.

3. The Chuncheon Divorce Law Specialist Attorney Succeeds in Having 90 Million Won in Past Child Support Granted

With the assistance of a Chuncheon divorce attorney, the client succeeded in recovering a total of 90 million won in past child support that had not been recovered from her former husband for ten years.

In order to claim past child support reimbursement, one must submit complex and extensive materials, including the property circumstances of both parties and documents establishing the claimant's grounds for having provided care.

It is therefore advisable to proceed with the case together with an attorney experienced in child support claim litigation, and should you require assistance, please at any time request a Daeryun Law Firm Chuncheon attorney 🔗legal consultation appointment.

Daeryun will do its utmost to protect the rights and interests of the client.

춘천이혼전문변호사 승소 | 10년간 받지 못한 양육비로 9,000만 원 인용받은 의뢰인

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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