CONTENTS
- 1. The Client Who Visited the Ansan Family Law Specialist
- - Background of the Decision to File a Child Support Lawsuit
- 2. Child Support Lawsuits Explained by an Ansan Family Law Specialist
- - Laws Concerning Child Support
- - How to Claim Child Support
- 3. Three Forms of Assistance Provided by the Ansan Family Law Specialist
- - Family Law Attorney's Argument ① Emphasis on Parental Duty
- - Family Law Attorney's Argument ② Justifiable Grounds for Payment
- - Family Law Attorney's Argument ③ The Client's Emotional Distress
- 4. Outcome of the Ansan Family Law Specialist's Assistance, an “Enforcement Order”
- - If You Are Considering a Child Support Lawsuit
1. The Client Who Visited the Ansan Family Law Specialist
The client of the Ansan family law attorney, while raising a child alone, faced rising medical expenses for the child, and so visited the Ansan branch office in order to prepare a child support lawsuit against the spouse who was not paying child support.
Background of the Decision to File a Child Support Lawsuit
The client of the Ansan family law specialist attorney had divorced her spouse three years earlier and was raising her child alone.
However, after the divorce, the child fell ill, and substantial living expenses were being incurred for medical costs.
Despite these circumstances, the former spouse had never once paid the promised child support, and the client's financial situation worsened further due to 🔗nonpayment of child support.
Having decided on a child support lawsuit in order to continue life with the child, the client requested assistance from the Ansan family law specialist attorney.
2. Child Support Lawsuits Explained by an Ansan Family Law Specialist
As with the client of the Ansan family law attorney, cases in which child support was agreed upon at the time of divorce but is not received occur from time to time.
The details regarding such custody can be found in the relevant statutes.
Laws Concerning Child Support
① A father or mother shall, regardless of marital status and regardless of whether the child is in their care, create an optimal environment for growth in all areas of life, including food, clothing, housing, education, and health, so that the minor child can grow up healthily.
② A non-custodial father or mother shall faithfully pay to the child support creditor the child support determined by agreement with the custodial father or mother or by a court judgment. However, where the non-custodial father or mother is a minor without the ability to provide support, the parents of that non-custodial father or mother shall pay it.
As set out in the statute, parents must fulfill their obligation for the support of their children, regardless of whether they have custody.
How to Claim Child Support
If you have not received the agreed child support, there are methods by which you can claim it.
If child support is not paid two or more times without justifiable cause, the child support may be deducted from wages.
However, if there is no regular wage claim, the claim may be difficult.
If child support is not paid, the court may order that corresponding security be provided.
If such an order to provide security is issued but the security is not provided, the court may order that the child support be paid in a lump sum.
If a person who must pay child support under a judgment, ruling, conciliation protocol, decision in lieu of conciliation, or child support obligation protocol fails to pay it, one may apply to the family court for an order to comply.
A child support lawsuit involves various methods and procedures and requires many documents to prepare, so you may find the preparation difficult.
It is therefore advisable to prepare for a child support lawsuit with the legal advice of an experienced attorney rather than handling it alone.
3. Three Forms of Assistance Provided by the Ansan Family Law Specialist
The Ansan family law attorney investigated and analyzed precedents similar to the client's case and promptly established a strategy.
In addition, considering related cases that could arise in connection with the matter, the firm formed a task force of attorneys with extensive experience in family cases to assist the client.
Family Law Attorney's Argument ① Emphasis on Parental Duty
The client's former spouse, as the child's parent, has an obligation to pay child support.
According to the child support obligation record drawn up at the time of the divorce, it was set out that 500,000 won would be received each month.
It was emphasized that the conduct of the other party (the defendant) in failing to perform this obligation is an irresponsible act that fails to fulfill a parent's duty, and that the client bears all responsibility for the child's upbringing.
Family Law Attorney's Argument ② Justifiable Grounds for Payment
The client's former spouse argued that, because his current employment is not stable, it is difficult to pay child support.
However, the shopping mall payment records confirmed through alerts on the client's mobile phone showed purchases of expensive clothing and electronic devices.
The client emphasized that this was conduct deceiving the client and was not a legitimate reason for non-payment of child support.
Family Law Attorney's Argument ③ The Client's Emotional Distress
Currently, the client bears all of the costs of raising the child.
In addition, the client was in a situation where full-time work was difficult because of the child's hospital treatment.
The attorney emphasized that the client's psychological suffering due to the non-payment of child support is serious, and that the client's economic circumstances should be taken into account.
4. Outcome of the Ansan Family Law Specialist's Assistance, an “Enforcement Order”
The court, having heard the Ansan family law attorney's argument, decided that half of the unpaid child support be paid within one month.
The client, who had raised the child alone, expressed deep gratitude to the Ansan family law attorney.
If You Are Considering a Child Support Lawsuit
This was the story of a client who had never received child support after divorce, but was able to recover part of the unpaid child support with the help of the Ansan family law specialist attorney.
As in the client's story, if you have not received child support, you can claim even past child support through a child support lawsuit.
However, the procedure is demanding, and child support can be calculated based on various conditions such as the amount, the parents' financial ability, and fairness, so a specialized attorney who can provide legal advice is necessary.
At Daeryun LLC, attorneys with extensive experience in family litigation form a task force and establish tailored strategies to respond to legal disputes and derivative cases.
If you are considering a child support lawsuit, please request the assistance of an Ansan family law specialist attorney through 🔗legal consultation reservation.
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.
