How can I file a child support claim lawsuit?

Hello. This is the divorce specialist attorney at Daeryun Law Firm.

Child support is, in principle, jointly borne by parents to protect the child's rights.

After divorce, the parent who does not have custody has an obligation to pay child support.

If an agreement on child support is not reached or one parent refuses to pay, the payment of child support can be enforced through a child support claim lawsuit.

At the time of divorce, child support can be determined through agreement between the parents.

However, if an agreement cannot be reached or one parent refuses to pay child support, it must be resolved through legal procedures.

The litigation procedure for receiving child support is as follows.

(1) Filing of child support claim lawsuit

To claim child support payment, you must file a child support payment claim lawsuit.

At this time, you must include the request for child support payment along with the necessary documents.

(2) Order to submit property list

After filing the lawsuit with the court, you can order the other party (the parent who must pay child support) to submit a property list.

This is a procedure to confirm the other party's ability to pay child support.

(3) Child support payment judgment

The court reviews both parties' arguments, attempts mediation if necessary, and finally issues a judgment.

The court determines the amount and method of child support payment by comprehensively considering the costs necessary for child rearing and the parents' economic ability.

If the court orders child support to be paid but the other party does not comply, child support can be received through compulsory execution procedures.

In addition, if you feel that the child support cited in the child support claim lawsuit is too small, a child support increase lawsuit can also be considered, so please request a consultation at any time if you need help with the entire child support claim lawsuit procedure.