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Deals & Cases

Modification of child support

Child Support Modification Defense Case | In the Child Support Modification Adjudication, the Plaintiff's Claim Was Dismissed

The client, who had a petition for modification of child support filed against him, sought out a child support attorney and requested assistance in order to respond to the unjust claim for a reduction and to protect the child's rights.

CONTENTS
  • 1. The Client Against Whom a Claim to Modify Child Support Was Filed
    • - Background of the Child Support Case
  • 2. Statutes Concerning Modification of Child Support and the Issues in the Case
    • - Issues in the Case and Strategy
  • 3. Assistance for Defending Against Child Support Modification
    • - Child Support Lawyer's Assistance 1: Rebutting the Common-Law Marriage Claim
    • - Child Support Lawyer's Assistance 2: Emphasizing the Insufficiency of the Grounds for Reduction
    • - Child Support Lawyer's Assistance 3: Explaining the Child's Welfare and Emotional Situation
  • 4. Successful Defense Against Child Support Modification: “Plaintiff's Claim Dismissed”
    • - How to Resolve a Child Support Dispute

1. The Client Against Whom a Claim to Modify Child Support Was Filed

Modification of child support: requirements for the claim, grounds for reduction, criteria for increase, payment period



This is a case in which the client who received a petition for modification of child support obtained a decision dismissing the plaintiff's claim with the assistance of a child support attorney, and was thereby able to maintain the child support.

Background of the Child Support Case

The client divorced her former husband by agreement one year ago, and they agreed that the client would directly raise the child and would receive child support of 2 million won each month.

However, the former husband subsequently filed a ‘petition to modify child support’ requesting that the child support be reduced to 600,000 won, citing his financial circumstances.

Going further, he claimed that a common-law marriage relationship had been maintained even after the divorce, and argued that the previously agreed child support had been in the nature of living expenses.

Feeling that such an unreasonable claim was unjust, the client came to a child support attorney in order to defend against the petition to modify child support.

2. Statutes Concerning Modification of Child Support and the Issues in the Case

Child support is a legal responsibility that must be guaranteed as a matter of necessity for the stable growth and welfare of the child.

If the child support determined at the time of divorce needs to be changed as time passes, a "petition for modification of child support" may be filed under certain legal requirements.


Civil Act Article 837 (Responsibility for Support of a Child upon Divorce)

⑤ Where the Family Court finds it necessary for the welfare of the child, it may, upon the request of the father, the mother, the child, or the prosecutor, or on its own authority, change matters concerning the support of the child or make another appropriate disposition.


Accordingly, a reduction of child support is not accepted simply because the parents' financial circumstances have changed.

The court makes its determination based on criteria such as whether a change in child support would be contrary to the welfare of the child.

Issues in the Case and Strategy

In this case, the plaintiff, the former husband, argued that the child support should be substantially reduced on the ground of his economic circumstances.

He also argued that because a de facto marital relationship had continued even after the divorce, the previously agreed child support was nothing more than ‘living expenses.’

However, the attorney determined that this case was difficult to view as a mere change in economic circumstances, and that, considering the welfare of the child, a reduction of the child support could not be justified.

In particular, the attorney comprehensively considered the contents of the agreement at the time of the divorce, the independence of each party's life thereafter, and the realistic burden of raising the child, and established a child support modification strategy in a direction that could lead to the dismissal of the plaintiff's claim.

Issues in the Case


▷ Whether the change in the former husband's economic circumstances substantively constitutes grounds for reducing the child support

▷ Whether a de facto marital relationship was maintained after the divorce, and whether the existing child support constitutes living expenses

▷ Whether a reduction of the child support is justified by the standard of the welfare of the child

3. Assistance for Defending Against Child Support Modification

Modification of child support: income changes, an increase in dependents, changes in financial circumstances, and payment adjustment



In the adjudication on modification of child support, the child support attorney closely ascertained the facts in order to obtain a dismissal of the plaintiff's claim.

The attorney then provided strategic assistance through the following arguments.

Child Support Lawyer's Assistance 1: Rebutting the Common-Law Marriage Claim

The child support attorney closely examined the text messages, circumstances, and degree of conflict at the time of the divorce and proved that, although there may have been a temporary reconciliation after the divorce, there was no substance of marital life.

In addition, the attorney established, together with supporting materials, the facts that the period of cohabitation was extremely short and that there had been no re-registration of marriage or any promise of long-term reunion.

Child Support Lawyer's Assistance 2: Emphasizing the Insufficiency of the Grounds for Reduction

At the time of the divorce, the former husband had voluntarily promised to ‘pay 2 million won in child support each month in lieu of consolation money,’ and accordingly the client gave up the consolation money.

Referring to this point, the child support attorney emphasized that the plaintiff had not faithfully paid the child support while arguing for a reduction, and presented the argument of a violation of the principle of good faith.


Article 2 of the Civil Act (Good Faith)

①The exercise of rights and the performance of duties shall be in accordance with the principle of good faith and sincerity.
②No right shall be abused.


The attorney also emphasized the unjustness of the claim, on the basis of the Civil Act and Supreme Court precedents holding that the determination should be based on the welfare of the child rather than mere economic circumstances.

Child Support Lawyer's Assistance 3: Explaining the Child's Welfare and Emotional Situation

For the modification of child support, the child support attorney proved the child's emotional state and the practical realities of caregiving through the child's recent diary, school assignments, and the like.

In addition, by proving circumstances such as the plaintiff forcibly clearing away the client's belongings and using words and conduct that had a negative effect on the child, the attorney highlighted that it was in fact the plaintiff who was having a negative effect on the relationship with the child.

4. Successful Defense Against Child Support Modification: “Plaintiff's Claim Dismissed”

Modification of child support, failure of agreement, litigation procedure, securing evidence, decision criteria



Accepting the arguments raised by the child support attorney in defending against the modification of child support, the court fully accepted the client's position and rendered a judgment dismissing the plaintiff's claim.

As a result, the client was able to retain the previously agreed child support in full, and the child's emotional stability and substantive welfare were also protected.

How to Resolve a Child Support Dispute

A change in child support is not determined by an increase or decrease in income alone.

Whether the judgment is truly for the benefit of the child becomes the key standard.

As in this case, active response is needed against unreasonable claims and distorted facts.

Daeryun Law Firm has numerous attorneys with extensive experience in family cases such as divorce, parental authority and custody, and child support.

Through a dedicated consultation attorney system, the firm closely understands the case, and through team-based response continuously monitors the case and provides assistance even with related cases.

If you are facing legal difficulties due to a child support dispute, please feel free to entrust your case through a 🔗legal consultation reservation.

양육비변경

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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