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Is a claim for past child support possible?

It has been more than 10 years since my divorce. We divorced by agreement, and at that time we agreed that he would pay 500,000 won per month until the child became an adult. However, my ex-husband shamelessly never once paid child support. I heard that a claim for past child support is possible; is that correct? If so, please tell me the procedure for a claim for past child support.

claim for past child support

Answer to Related Inquiry

Author: 김국일

Hello, I am an attorney specializing in divorce at Daeryun Law LLC.

As in the situation you described, where there was a promise regarding the payment of child support at the time of the divorce by agreement, but the other party failed to fulfill it, a claim for past child support is possible.

Because child support is a cost that is essential for the livelihood and welfare of a minor child, arbitrarily failing to pay or delaying payment for a parent's private reasons cannot be legally justified.

The procedure for a claim for past child support is as follows.

Sending a certified content-proof letter to the other party
→ You can first send a ‘certified content-proof letter demanding payment of the unpaid child support’ to confirm the other party's position and induce voluntary compliance, but this is not a mandatory procedure.

Filing a lawsuit with the Family Court
→ If the other party does not voluntarily comply, you file a ‘lawsuit claiming payment of child support.’
At this point, the calculation of the past unpaid child support must be clearly organized based on the amount agreed at that time, taking into account whether the child has reached majority and the payment period, and submitted to the court.

Compulsory execution after judgment
→ Even after obtaining a favorable judgment, if the other party does not voluntarily pay, you can proceed to compulsory execution procedures, such as garnishment of wages, seizure of deposits, seizure of property, and registration of credit information.

In a claim for past child support, there are not a few cases in which a judgment is issued ordering payment including interest on the unpaid child support, so we recommend that you not delay the remedy of your rights and respond actively.

Moreover, because a claim for past child support is possible only until 10 years from the date the child became an adult, you should promptly obtain a consultation with an attorney specializing in divorce.

If necessary, an attorney specializing in divorce can help you with organizing specific evidence and the legal procedures.

If the child is still a minor, you can also file a lawsuit to increase child support, so please do not hesitate to obtain a consultation.