CONTENTS
- 1. The Client Sued in Child Support Litigation
- - How the Client Came to Be Sued
- 2. Child Support Litigation: What Is the Case-Related Information?
- - What Are the Laws Related to Child Support?
- - Child Support: What Are the Legal Measures?
- 3. Assistance Provided for Child Support Litigation
- - Family Lawyer Pleading (1): Advance Payment of Child Support
- - Family Lawyer Pleading (2): Lack of Basis for the Claim
- 4. Result of the Child Support Litigation Assistance: “Claim Dismissed”
- - Child Support Litigation: If You Feel It Is Unfair
1. The Client Sued in Child Support Litigation
The client, who was sued in a child support case, received an enforcement order on the ground that past child support had not been paid, but through the assistance of a family law attorney who has handled numerous child support cases, the plaintiff's claim was dismissed.
How the Client Came to Be Sued
The client, who became involved in a child support lawsuit, had divorced his wife about 10 years earlier, but they reconciled after their child was born.
At that time, the client paid his wife a large sum as a deposit and living expenses.
However, after they separated again, the wife filed a child support lawsuit demanding that the client pay past child support.
Feeling that this was unfair, the client requested assistance from a family law attorney experienced in 🔗Child Support Claim Litigation in order to have the claim dismissed.
2. Child Support Litigation: What Is the Case-Related Information?
If you are involved in child support litigation, it is important to promptly seek a response and develop a strategy.
Child support may be enforced through various legal measures, so it is advisable to respond to the case with a strategy suited to the situation.
What Are the Laws Related to Child Support?
The duty to pay child support is set out in the Act on Securing and Supporting the Payment of Child Support.
A father or mother shall, regardless of marital status or whether they are raising the child, create an optimal environment for growth in all areas of life, including food, clothing, housing, education, and health, so that the minor child may grow up healthily.
Child Support: What Are the Legal Measures?
If the nonpayment of child support continues, payment can be enforced through various legal measures, which are as follows.
▶ Order for direct payment of child support
If one objects to this order, an immediate appeal may be filed with the family court within one week from the date of being notified of the ruling.
▶ Order to provide security for child support
In this case as well, if one objects to the order, an immediate appeal may be filed within one week from the date of being notified of the ruling.
▶ Order for lump-sum payment of child support
If such an order is not complied with, the person may be subject to detention for contempt.
An immediate appeal against a detention decision may be filed within three days from the date of being notified of the ruling.
▶ Order to perform the child support obligation
If the person fails to perform the duty for three or more installments even after receiving such an order, the court may order detention for contempt.
An appeal against a detention decision may be filed within three days from the date of being notified of the ruling.
Even when one is involved in such legal measures, failing to respond promptly may instead result in disadvantages, so it is important to promptly prepare legal measures and respond to the case.
3. Assistance Provided for Child Support Litigation
To assist the client who had been sued in a child support lawsuit, the family law attorney formed a task force and carefully reviewed the client's case.
In addition, after analyzing relevant precedents and statutes, the attorney established a strategy to assist the client based on that analysis.
Family Lawyer Pleading (1): Advance Payment of Child Support
The family law attorney emphasized that the client had already prepaid a large sum in advance as child support.
By analyzing the client's transfer records, the attorney confirmed transfers made for living expenses and child support.
The attorney also discovered circumstances showing that large sums had been paid to the plaintiff on several occasions, and on this basis established a strategy to assist the client.
Family Lawyer Pleading (2): Lack of Basis for the Claim
The family attorney emphasized that the plaintiff's claim that the sum in question was not child support was without basis.
While analyzing the records before taking on the case, the attorney discovered that there was no evidence related to the plaintiff's testimony.
Based on this, the attorney was able to reveal that the plaintiff's claim had no clear basis.
4. Result of the Child Support Litigation Assistance: “Claim Dismissed”
As a result of the family attorney's assistance through the child support litigation, the court rendered a judgment that the plaintiff's claim is dismissed.
The client, who had felt that the child support litigation was unfair, expressed gratitude, stating that the claim could be dismissed thanks to the assistance of the family attorney.
Child Support Litigation: If You Feel It Is Unfair
This was the case of a client who had been sued in a child support lawsuit but, thanks to the assistance of a family law attorney, was able to have the child support claim dismissed.
Even if an amount of child support has been determined, an increase is possible upon the other party's request for an increase, so if one cannot actively respond to unwarranted grounds, an unfavorable result may follow.
Accordingly, it is important to respond after obtaining legal advice from a specialized attorney.
At Daeryun Law Firm, attorneys who have handled numerous family law cases form a task force for each client's case and provide assistance through a strategy tailored to the client.
If you feel that a child support lawsuit is unfair, please request assistance from a family law 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.
