Child Support Modification Defense Case | In the Child Support Modification Adjudication, the Plaintiff's Claim Was Dismissed

The client divorced her former husband by agreement one year ago, and they agreed that the client would directly raise the child and would receive child support of 2 million won each month.

However, the former husband subsequently filed a ‘petition to modify child support’ requesting that the child support be reduced to 600,000 won, citing his financial circumstances.

Going further, he claimed that a common-law marriage relationship had been maintained even after the divorce, and argued that the previously agreed child support had been in the nature of living expenses.

Feeling that such an unreasonable claim was unjust, the client came to a child support attorney in order to defend against the petition to modify child support.

In this case, the plaintiff, the former husband, argued that the child support should be substantially reduced on the ground of his economic circumstances.

He also argued that because a de facto marital relationship had continued even after the divorce, the previously agreed child support was nothing more than ‘living expenses.’

However, the attorney determined that this case was difficult to view as a mere change in economic circumstances, and that, considering the welfare of the child, a reduction of the child support could not be justified.

In particular, the attorney comprehensively considered the contents of the agreement at the time of the divorce, the independence of each party's life thereafter, and the realistic burden of raising the child, and established a child support modification strategy in a direction that could lead to the dismissal of the plaintiff's claim.

Issues in the Case

The child support attorney closely examined the text messages, circumstances, and degree of conflict at the time of the divorce and proved that, although there may have been a temporary reconciliation after the divorce, there was no substance of marital life.

In addition, the attorney established, together with supporting materials, the facts that the period of cohabitation was extremely short and that there had been no re-registration of marriage or any promise of long-term reunion.

At the time of the divorce, the former husband had voluntarily promised to ‘pay 2 million won in child support each month in lieu of consolation money,’ and accordingly the client gave up the consolation money.

Referring to this point, the child support attorney emphasized that the plaintiff had not faithfully paid the child support while arguing for a reduction, and presented the argument of a violation of the principle of good faith.

The attorney also emphasized the unjustness of the claim, on the basis of the Civil Act and Supreme Court precedents holding that the determination should be based on the welfare of the child rather than mere economic circumstances.

For the modification of child support, the child support attorney proved the child's emotional state and the practical realities of caregiving through the child's recent diary, school assignments, and the like.

In addition, by proving circumstances such as the plaintiff forcibly clearing away the client's belongings and using words and conduct that had a negative effect on the child, the attorney highlighted that it was in fact the plaintiff who was having a negative effect on the relationship with the child.

A change in child support is not determined by an increase or decrease in income alone.

Whether the judgment is truly for the benefit of the child becomes the key standard.

As in this case, active response is needed against unreasonable claims and distorted facts.

Daeryun Law Firm has numerous attorneys with extensive experience in family cases such as divorce, parental authority and custody, and child support.

Through a dedicated consultation attorney system, the firm closely understands the case, and through team-based response continuously monitors the case and provides assistance even with related cases.

If you are facing legal difficulties due to a child support dispute, please feel free to entrust your case through a 🔗legal consultation reservation.