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

Hello. I am a family law attorney at Daeryun Law Firm.

A support payment claim lawsuit is based on the legal obligation set out in Article 974 of the Civil Act.

This provision stipulates that there is a 'duty of support' to care for one another between lineal blood relatives and their spouses, and among relatives who share a livelihood.

However, under Article 975 of the Civil Act, there is a precondition that the person to be supported must be unable to maintain a living through their own assets or labor.

In other words, a legal right arises only when the claimant's economic hardship is objectively proven.

The standard for calculating support follows Article 977 of the Civil Act.

The court comprehensively considers 'the standard of living of the person to be supported' and 'the ability of the person obligated to provide support to pay.'

Support is determined not by the amount the claimant desires but within a manageable range in light of the financial capacity of the person obligated to provide support, and if there are several obligated persons, agreement takes priority under Article 976 of the Civil Act, but if agreement is not reached, the court sets the proportion of the burden in consideration of income levels and fairness.

Because the purpose of the duty of support is to address present hardship, Supreme Court precedent recognizes only the costs from the point at which the person entitled to support has demanded performance and the other party has fallen into 'default.'

Therefore, it is difficult to claim retroactively based solely on the circumstance that money was not received in the past, and it must be proven that support was actively demanded through means such as a certified letter of content but the other party refused.

Ultimately, in a support payment claim lawsuit, the key is to specifically prove the necessity and the ability in accordance with the requirements under the Civil Act.

Daeryun Law Firm, led by its family law attorneys, establishes a systematic strategy of proof for support payment claim lawsuits, including analyzing the client's specific living expense records and thoroughly identifying the other party's concealed assets.