Chuncheon Divorce Law Specialist Attorney | A Chuncheon Attorney Recovers 90 Million Won in Child Support Unpaid for Ten Years

The client of the Chuncheon divorce attorney had been living with one son after marrying the husband.

However, the husband displayed a violent disposition and habitually used abusive language, and during the marriage he was unable to find employment and spent most of his time at home, doing no economic activity whatsoever, so that the client alone supported the family.

In the meantime, the husband left the home, taking the jeonse deposit and all of the furniture in the house while leaving only debt behind, and the marriage between the client and the husband broke down.

After the separation, the client barely managed to make a living until the client's health rapidly deteriorated and the client was unable to work, the debt rapidly increased, and in order to file for bankruptcy and discharge, the client located the husband and completed the report of divorce by agreement.

However, a few days earlier, the husband had filed a division pension claim against the client's old-age pension, and the client visited Daeryun in order to file a suit seeking confirmation of the non-existence of the marital relationship and, at the same time, to make a claim for past child support.

The obligation of child support is provided for in Article 837 of the Civil Act.

A 🔗child support claim lawsuit may be filed by the custodial parent who has fostered the child against the non-custodial parent, who is the biological mother or biological father.

Although the amount of child support is not separately specified in the law, it is determined in consideration of various circumstances, such as the age of the child, the property status of both parties, and other economic conditions.

However, in accordance with a Supreme Court decision, the right to claim a minor child's child support retroactively is valid only for ten years from the time the child reaches adulthood.

The husband had never once paid child support for the child since marrying the client of the Chuncheon divorce attorney.

The husband argued that he had paid ten million won as child support at the time of the divorce by agreement with the client, but it was emphasized that this had been a partial contribution to the child's university tuition, that this amounted to nothing more than discretionary support for a child who was already an adult, and that it was therefore unrelated to past child support.

The client of the Chuncheon attorney had raised the child alone since marrying the husband and had used most of the monthly income on child support, such as the child's education expenses, medical expenses, and food expenses.

By contrast, it was argued that, considering that the husband had never once interacted with the client and the child after leaving the home, and was leading a comfortable life by himself, owning two apartments, he had an obligation to pay a substantial amount of past child support.