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Child SupportWon the Case

Suwon Divorce Attorney | A Case in Which the Full Amount of Child Support Was Recovered With the Assistance of a Suwon Divorce Attorney

The client turned to the Suwon branch office to file a child support claim lawsuit against her former husband, who had paid no child support at all after the divorce.

1. The Reason the Client Came to the Suwon Divorce Attorney

The client explained that, after an uncontested divorce, she had not received child support from her former husband even once.

After much deliberation, the client concluded that litigation was the only way to recover the unpaid child support, and she turned to the Suwon branch office.

The Client Who Requested Assistance From the Suwon Divorce Attorney

About four to five years ago, the client obtained an uncontested divorce from her husband for various reasons, including differences in personality.

Fortunately, the client obtained parental authority and the right of custody, and it was also agreed that she would receive child support.

The problem was that, after the divorce, the husband never paid child support even once.

Naturally, as the child grew, the client's financial burden only increased.

The client requested assistance from the Suwon attorney at Daeryun in order to claim, through litigation, both the past child support that had not been paid and future child support.

Statutes Related to the Case Explained by the Suwon Divorce Attorney

■ Parental Authority, the Right of Custody, and Child Support for a Minor Child

  • Divorce and Responsibility for the Custody of a Child (Civil Act, Article 837)

(1) The parties shall determine the matters concerning the custody of the child by agreement.

(2) The agreement under paragraph (1) shall include the following matters.

1. Determination of the person responsible for custody

2. Bearing of the costs of custody

3. Whether to exercise the right of visitation and the method thereof

(3) If the agreement under paragraph (1) is contrary to the welfare of the child, the Family Court may order its correction or, on its own authority, determine the matters necessary for custody, taking into account the will and age of the child, the financial situation of the parents, and other circumstances.

(4) If no agreement on the matters concerning custody is reached or such agreement cannot be reached, the Family Court shall determine these matters on its own authority or upon the request of a party. In such cases, the Family Court shall take into account the circumstances under paragraph (3).

(5) If the Family Court deems it necessary for the welfare of the child, it may, upon the request of the father, mother, child, or prosecutor, or on its own authority, change the matters concerning the custody of the child or take other appropriate measures.

(6) The provisions of paragraphs (3) through (5) shall not bring about any change in the rights and duties of the parents other than the matters concerning custody.

※ Parents have a joint responsibility to raise their child, and the costs of custody must, in principle, be borne jointly by the parents. If, for any reason, only one of the parents comes to raise the child, the parent who raises the child may claim from the other parent an appropriate share of the present and future child support.

2. The Suwon Divorce Attorney's Assistance

The Suwon divorce attorney prepared from multiple angles and established a strategy in order to prevail in the lawsuit.

First, the attorney emphasized that the opposing party had abandoned the obligation to pay child support despite having a monthly income.

Suwon Attorney, Arguing That the Opposing Party Intentionally Delayed Paying Child Support

As the Suwon divorce attorney confirmed, the opposing party has relatively greater financial means because he earns monthly employment income.

The attorney emphasized that the fact that the opposing party had not paid even once after the divorce, despite being in a position to pay child support sufficiently, was a very significant point.

In addition, the attorney argued that the opposing party had avoided payment and refused to respond to contact.

Suwon Attorney, Arguing That the Custody Environment Would Become Difficult Without Child Support

As the Suwon divorce attorney understood it, the claimant is currently raising two children, an elementary school student and a middle school student, on her own.

It is unmanageable for the claimant to live with her two children on her income alone.

The attorney clearly argued that, without child support, the custody environment would become difficult and the harm would ultimately extend to the children.

3. The Suwon Divorce Attorney's Successful Result

Suwon Divorce Attorney

The court, accepting the Suwon divorce attorney's arguments, ordered the opposing party to pay the past unpaid child support and future child support until the children reach the age of majority.

A Child Support Claim Lawsuit Requires the Assistance of an Attorney

The case above, which the Suwon divorce attorney assisted with, is the story of a client who did not receive child support after her divorce and who successfully claimed past and future child support with the assistance of the Suwon divorce attorney.

As this shows, at Daeryun, attorneys with extensive expertise from handling many divorce lawsuits guide clients' cases in a better direction.

If you need legal help in a situation involving child support such as the case above, please request a consultation from Daeryun's 🔗Suwon Divorce Attorney at any time.

수원이혼변호사

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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