Lawsuit to Increase Child Support | A Case in Which the Full Amount, Including Unpaid Child Support, Was Recovered from the Husband

This is the story of a client who came to Daeryun to file a lawsuit to increase child support.

About ten years ago, the client divorced her former husband after their marriage broke down due to his frequent infidelity and domestic violence.

The client intended to file a lawsuit to increase child support. The Supreme Court ruling of June 25, 1991 (Case No. 90Meu699) holds as follows.

Under Article 837(2) of the Civil Act, the modification of matters concerning custody once determined by the family court is possible not only when there is a special change of circumstances after the original determination but also when the original determination is found to have become unjust in light of all the circumstances prescribed by the said statutory provision, and even where the parties have determined matters concerning the custody of the child through conciliation and then request the family court to modify those matters, the family court may, after examination, at any time modify those matters where the matters set forth in the conciliation clause are found, in light of all the circumstances prescribed by the said statutory provision, to be unjust and is not limited to modifying them only when there is a special change of circumstances after the conciliation is established.

An increase in child support may be claimed in the following cases.

■A situation in which the financial burden has increased due to the growth of a preschool-age child or the child's advancement to a higher level of schooling

■A situation requiring treatment, hospitalization, and the like due to the child's illness or other reasons

■A situation in which there is a significant economic change due to a change in the custodial parent's workplace or salary

■A situation in which other matters concerning custody were unreasonably determined

In order to win the lawsuit for an increase in child support and to recover even the past child support from the former husband who 🔗failed to pay child support, our firm assembled a team of attorneys with extensive experience handling child support cases and provided the following assistance.

■ At the time of the divorce, the children were not yet even in elementary school, but they are now high school students, so the costs related to raising them have increased significantly compared to the time of the divorce.

■ At the time of the divorce, the former husband was unemployed and had no income, so the child support was agreed at 300,000 won per month, but he is now employed.

■ After the divorce mediation was established, the former husband did not come to see the children even once and did not pay any child support at all.

As a result of the assistance of Daeryun specialist attorneys in the lawsuit to increase child support, the court issued the following decision.

1. The respondent shall pay the claimant 70,000,000 won as past child support for the children concerned.

2. The respondent shall pay the claimant 500,000 won per month as child support for the children concerned, on the last day of each month, through the month that includes the day on which the children concerned reach the age of majority.