[Jeju Attorney Child Support Lawsuit Success Case] Successfully Reduced the Opposing Party's Child Support Claim with the Assistance of the Jeju Attorney

The client who consulted with the Jeju attorney had completed an uncontested divorce from a spouse long ago.

At the time of the uncontested divorce, the client gave over all of his property and they parted after signing a written statement agreeing not to make any monetary demand on any ground or for any reason in the future.

The opposing party was raising both of the two children, but the client and the opposing party were joint holders of parental authority.

Each time he exercised visitation, the client was concerned to see the condition of the children, whose hygiene was not managed at all and who were not being cared for.

Yet, several years after the divorce, despite the written statement agreeing not to make any monetary demand,

a lawsuit was filed against the client claiming approximately 40 million won in past child support and 1 million won per child per month in future child support, an amount approaching 2 million won per month in total.

To respond to this, the client came to the Jeju attorney to request the help of an attorney.

The Jeju attorney explains the matter of child support.

Civil Act, Article 837 (Responsibility for Fostering Children upon Divorce) (1) The parties shall determine matters concerning the fostering of their children by agreement.

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

1. Determination of the person who fosters the child

2. Bearing of fostering expenses

3. Whether the right to visitation is exercised and the method thereof

(3) Where the agreement under paragraph (1) is contrary to the welfare of the child, the family court may order its correction or, ex officio, determine the matters necessary for fostering, taking into account the will and age of the child, the financial situation of the parents, and other circumstances.

(4) Where an agreement on matters concerning fostering is not reached or cannot be reached, the family court shall determine such matters ex officio or upon the request of a party.

The court must determine only the appropriate amount of child support to be borne by the opposing party, excluding the child support that the custodial parent must bear (Supreme Court judgment rendered in 2020, among others).

Parents have a responsibility to foster their children jointly, and as a rule, the parents must also bear the costs of fostering jointly.

Where, due to some circumstance, only one of the parents comes to foster the child, the parent who fosters the child may claim that the other party share an appropriate amount of the present and future child support.

The Jeju attorney argued that, at the time of the uncontested divorce, the opposing party and the client had prepared a written statement (a written waiver of child support) agreeing to waive both past and future child support, and that each had been given a copy.

The attorney submitted that written statement as supporting material and argued that the portion concerning the approximately 40 million won in past child support should be dismissed.

The Jeju attorney emphasized that the client had faithfully carried out visitation all along and that the children also trusted the client considerably.

The attorney argued that a change to a sole holder of parental authority was not something the opposing party, who did not care well for the children, should be asserting.

Rather, for the children's future, the attorney argued that the current joint parental authority should be maintained as it is.

The Jeju attorney argued that the client was willing to bear the costs genuinely necessary for the children, for the sake of their future.

The attorney argued, however, that the amount should be calculated appropriately in line with the client's financial situation, rather than at the opposing party's unreasonable future child support amount.

In this case, the Jeju attorney helped obtain the dismissal of the opposing party's unreasonable child support claim and of the future child support claim that did not take the client's financial situation into account.

If you must pay child support for your children but are concerned because an unreasonable amount is being demanded, you may seek assistance from a Jeju attorney and contest the matter through litigation at a reasonable amount.

Because child support matters often turn on the procedure of having the amount recognized by the court with the help of a 🔗family law attorney,

you may visit in person, receive a legal consultation suited to your financial situation, and then ease your child support burden.