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Change of parental authority and the custodian, etc.
Change of parental authority and the custodian, etc.Winning the case (favorable judgment)

Cheonan Divorce Attorney | Success in Obtaining Child Support and Full Parental Authority and Custody from the Former Husband

The Cheonan divorce attorney assisted a client who sought to obtain parental authority and custody from a husband who had dissolved their common-law marriage, and succeeded in obtaining both past child support and future child support.

1. The Client Who Came to the Cheonan Divorce Attorney

The client, who visited the Daeryun Cheonan office for a consultation with the Cheonan divorce attorney, had been raising a child alone after dissolving a common-law marriage with the husband, and, as her financial situation had recently become greatly strained, wished to claim child support from the husband.

The Client's Account as Determined by the Cheonan Divorce Attorney

Cheonan divorce attorney - child support claim

The account that the client shared with the divorce attorney at the Daeryun Cheonan office is as follows.

After marrying the husband, the client maintained a common-law marriage without registering the marriage, and dissolved the common-law relationship shortly after giving birth to a child.

Since then, the client has cared for the child alone up to the present.

The husband has not exercised his visitation rights and has remained out of contact, and the client has received no child support since that time.

The client therefore requested Daeryun's assistance, stating that she wished to obtain for herself the parental authority and custody that had been assigned to the husband at the time of the birth registration, and that she also wished to claim past child support.

Related Legal Information Provided by the Cheonan Divorce Attorney

Cheonan divorce attorney - child support claim
Clicking the image above will take you to the child support calculator page.

🔗A child support claim lawsuitrefers to a lawsuit in which the parent who has custody of a child files suit to receive child support from the divorced other party, the non-custodial parent.

Although the amount of child support to be claimed is not separately specified by statute, child support should be claimed taking into account various circumstances, such as the child's age, the financial situation of both parties, and other economic circumstances.

The Seoul Family Court provides a child support calculation standards table based on the combined income of the spouses and the age of the child, and an approximate figure can be determined through the 🔗child support calculatorprovided by Daeryun.

Parents have a joint responsibility to raise their minor child, and, in principle, must also jointly bear the resulting costs. Where only one of the parents comes to raise the child, the parent who raises the child may claim a share of the child support from the other party who does not raise the child.

- See Supreme Court Decision 2019Meu15302, May 14, 2020, and others

2. The Cheonan Divorce Attorney's Assistance

In order for the client to obtain parental authority and custody from the husband and to succeed in the claim for past child support, the Cheonan divorce attorney provided assistance as follows.

The Cheonan Divorce Attorney's Argument on Parental Authority and Custody

The client has raised the child alone from the time of birth up to the present. Accordingly, the bond between the husband and the child is very weak, and the attorney argued that the child also wished to live together with the client.

The attorney therefore argued that the client, who provides emotional stability and an educational environment for the child and has already formed a close bond, should be designated as the child's custodian, and that, for the welfare of the child, the client needs to exercise parental authority alone.

The Cheonan Divorce Attorney's Argument on the Necessity of Paying Child Support

As the child's father, the husband has a responsibility to raise the child, who is still a minor. However, because the client is expected to raise the child alone from birth until the child reaches adulthood, the husband, the parent who does not raise the child, has an obligation to pay child support to the client.

The attorney argued that, considering the parents' combined income and the child's age in full years under the child support standards table, the client should receive child support of 700,000 won per month.

3. The Cheonan Divorce Attorney Succeeded in Everything from Parental Authority to the Child Support Claim

As a result of the Cheonan divorce attorney's assistance in everything from the lawsuit over the holder of parental authority and custody to the child support claim lawsuit, the attorney succeeded in producing the outcome the client sought.

The client repeatedly expressed gratitude to the Daeryun Cheonan office, saying it was a great relief to be able to receive child support in a financially difficult situation.

The Divorce Litigation the Cheonan Divorce Attorney Helps With

Divorce litigation does not end simply with the divorce itself, but gives rise to various disputes, such as consolation money, division of marital property, parental authority, custody, and visitation rights. In this process, holding a consultation with an experienced divorce attorney can make the proceedings considerably smoother.

Before proceeding with a divorce-related lawsuit, Daeryun Law Firm carefully assesses the prospects of success based on the circumstances and the facts, and advises on matters such as whether a child support claim is possible in the situation.

This is made possible by the active assistance of experienced attorneys with extensive experience in litigation relating to child support and custody. If you need help in this regard, please feel free to visit the Daeryun Law Firm 🔗Cheonan officeat any time.

천안이혼변호사 | 이혼한 남편에게 양육비, 친권과 양육권까지 모두 받는데 성공한 사례

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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