Legal Intellectual

Tired of unprofessional or promotional legal answers?
Daeryun specialist lawyers will answer your questions.

Q

Is a child support claim lawsuit possible for the child support I have not received until now?

Legal IntellectualViews61,619

I divorced my husband about 15 years ago. At the time of the divorce, I took custody of our child. He deposited child support for about a month or two, but after that he stopped paying.. Now my child has become an adult; is a child support claim lawsuit possible?

Claim for past child support

Divorce

Divorce child support

Child support claim lawsuit

Non-payment of child support

A

Answer to Related Inquiry

Yes, child support from 5 years ago can also be claimed. Extinctive prescription applies to a child support claim lawsuit.

However, this extinctive prescription does not run until the child reaches adulthood.

According to Supreme Court precedent, the extinctive prescription of the right to claim child support begins from the point at which the child reaches adulthood and the duty of care ends.

Previously, it was held that even after the child reached the age of majority, if the right to claim child support was not established, the extinctive prescription would not run.

However, it has now been made clear that once the child reaches adulthood, the right to claim child support can be exercised.

In other words, while the child is a minor, the right to claim child support does not extinguish, and once the child turns 19 and becomes an adult, it can be claimed for up to 10 years from that point.

Extinctive prescription is, put simply, a system under which, if a right holder does not exercise a right for a certain period even though they could have, the right disappears.

Generally, a claim disappears if it is not exercised for 10 years, and child support can similarly be claimed within 10 years after the child becomes an adult.

Daeryun's Key Strengths

Daeryun's key strengths background
Litigation strategy using
Daeryun's own AI & IT technology

Litigation strategy using Daeryun's own AI & IT technology

More than 240
key members

More than 240 key members

*experience_cnt*+ cases handled
per month

1,200+ cases handled per month

* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)

Explore
more strengths
Explore more strengths arrow

Book a legal
consultation with an attorney

All consultations are reviewed by a specialized attorney first,
so they are conducted by appointment only.

Phone consultation

1800-7905

Available 24 hours a day, 365 days a year

Phone consultation
Online consultation

Online consultation

We provide tailored
legal services for our clients.

Chat consultation

Chat consultation

KakaoTalk channel
Daeryun Law LLC Attorneys

Request a consultation

Related Members

View more
Attorney KyungHee JO

KyungHee JO

T. 070-5221-2387

divorce lawyer

Attorney EunSol LEE

EunSol LEE

T. 070-7510-2016

divorce lawyer

Attorney JiHyun KIM

JiHyun KIM

T. 070-5221-0865

divorce lawyer

Attorney AhRam JANG

AhRam JANG

T. 070-7510-3368

divorce lawyer

Key Case Studies

View more

Related Practice Areas

View more

Consult in other languages

Popular Columns

View more
Quick Menu

Chat