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Would a modification of child support be possible?
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When I divorced, I agreed with my former husband to receive 700,000 won in child support each month. Recently, as my child entered elementary school, expenses for academies, school meals, and textbooks have increased significantly, and prices have also risen greatly, so life has become very tight. In such a case, is there a way to modify the child support? I do not think the other party will voluntarily pay more. I would like to know whether a modification of child support is legally possible and, if so, how I should proceed.
modification of child support
Answer to Related Inquiry
Author: 김국일
You must have had many worries regarding the issue of child support for your child.
As in the situation you described, the child support determined at the time of divorce can be modified through the court where there is a change in circumstances.
A claim for modification of child support is possible in cases where ① the child's age or circumstances have changed, ② a change has occurred in financial circumstances, or ③ raising the child has become practically difficult with the existing child support due to rising prices or increased education costs.
In practice, the court determines whether to modify child support by taking into account factors such as the child's increasing age, entry into school or medical expenses, changes in the parents' income, and rising prices.
When you file a 'petition for adjudication on the modification of child support' under the Family Litigation Act, and carefully organize and submit the child's current situation, education costs, details of living expenses, and any changes in the other party's income or assets, the court will recalculate the child support at a reasonable level.
If the other party refuses to pay child support or has fallen into arrears, compulsory execution is also possible through provisional attachment, wage garnishment, an application for a payment order, and the like.
As in your current situation, where the burden of the child's education and living expenses has increased, grounds for modification of child support may well be recognized, so we recommend that you promptly obtain legal consultation and prepare the procedures.
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