Is it possible to claim past child support?

Hello, I am a divorce specialist attorney at Daeryun Law Firm.

As in the situation you described, even though there was a promise to pay child support at the time of the consensual divorce, if the other party failed to fulfill it, you may file a claim for past child support.

Since child support is essential for the livelihood and welfare of the minor child, arbitrarily refusing to pay or delaying payment for the parents' personal reasons cannot be legally justified.

The procedure for claiming past child support is as follows.

Sending content-certified mail to the other party
→ You can first send ‘content-certified mail demanding payment of unpaid child support’ to confirm the other party's position and induce voluntary compliance. This is not a mandatory procedure.

Filing a lawsuit at the Family Court
→ If the other party does not voluntarily comply, you will file a ‘child support payment claim lawsuit.’
At this time, the calculation of past unpaid child support must be clearly organized based on the originally agreed amount, the child's age of majority, the period of payment, and submitted to the court.

Compulsory execution after judgment
→ Even after winning the judgment, if the other party does not voluntarily pay, you can proceed with compulsory execution procedures such as wage garnishment, deposit garnishment, property attachment, and credit information registration.

In claims for past child support, judgments ordering payment with interest on unpaid child support are not uncommon, so do not delay seeking remedies and respond actively.

In addition, claims for past child support can only be made until 10 years from the day the child becomes an adult, so you should quickly consult with a divorce specialist attorney.

If needed, a divorce specialist attorney can help you organize concrete evidence and navigate the legal procedure.

If your child is still a minor, you may also file a lawsuit for an increase in child support, so please do not hesitate to seek consultation.