How is the claim amount calculated in a support payment claim lawsuit?

Hello. This is a family law-specialized attorney from Daeryun Law Firm.

The support payment claim lawsuit is based on the legal obligation specified in Article 974 of the Civil Act.

This provision stipulates that there is a 'support obligation' between lineal blood relatives and their spouses, and between relatives sharing livelihood, to take care of each other.

However, under Article 975 of the Civil Act, the prerequisite is that the person receiving support must be unable to maintain life with their own assets or labor.

That is, legal rights arise only when the claimant's economic distress is objectively proven.

The support payment calculation criteria follow Article 977 of the Civil Act.

The court comprehensively considers the 'living standard of the person receiving support' and the 'paying ability of the support obligor.'

Support payments are determined within the affordable range considering the economic capacity of the support obligor, not the desired amount of the claimant. If there are multiple obligors, under Article 976 of the Civil Act, agreement is prioritized, but if no agreement is reached, the court determines the share ratio considering income levels and fairness.

Since the purpose of the support obligation is to resolve current distress, Supreme Court precedents recognize only the costs from the time the support beneficiary requested performance and the other party fell into 'default' delay.

Therefore, the mere fact of not having received money in the past makes retroactivity difficult, and the fact must be proven that support payment was actively demanded through certified mail, etc., but the other party refused.

Ultimately, for a successful support payment claim lawsuit, it is key to specifically prove the necessity and ability according to the requirements under Civil Act.

Daeryun Law Firm, led by family law-specialized attorneys, establishes systematic proof strategies for support payment claim lawsuits by analyzing the client's specific living expense expenditures and thoroughly identifying the other party's hidden assets.