Child Support Claim Lawyer | Getting the support your child is owed, and making it stick

Child Support Claim | How the monthly support amount is determined

Courts do not decide child support amounts from scratch each time. Seoul Family Court publishes standardized child support guidelines that most courts and mediators reference as a starting point, then adjust for the specific household.

The standardized guideline table

The guideline sets a baseline monthly amount based on the combined income of both parents and the number and age of children. Both parents' income - including salary, business income, and in some cases asset income - is added together, and the amount is split roughly in proportion to each parent's share of that combined income.

Adjustments courts commonly make

The baseline can be adjusted upward or downward for factors such as the child's school-related expenses, medical needs, who holds custody and daily care, and the paying parent's other dependents or debts. A parent claiming a higher amount should be ready to document actual costs such as tuition, tutoring, or medical bills rather than relying on the guideline alone.

When the other parent's income is unclear

If the other parent is self-employed, underreports income, or refuses to disclose financial information, the court can order financial institutions, the National Tax Service, or health insurance authorities to disclose income and asset data. Estimating a self-employed parent's real income is often one of the most contested parts of these cases.

Child Support Claim | Claiming support for the period before you filed

Many parents who have been raising a child alone for years, without any formal support arrangement, ask whether they can recover money for that entire past period. The Supreme Court has addressed how far back such a claim can reasonably go.

Past support is recoverable, but not unlimited

The Supreme Court has held that a parent who raised a child alone can claim reimbursement of child-rearing costs from the other parent for the period before the claim, but the amount is set by the court considering the parties' circumstances, the child's needs, and how long the period was, rather than being automatically the full guideline amount for every past month (대법원 92스21 전원합의체 결정).

Why courts weigh timing and knowledge

Courts look at whether the other parent knew about the child, whether support was ever requested informally, and how long ago the relevant period was. A long, undocumented gap between when support was needed and when the claim is filed can make it harder to recover the full amount, so gathering records early matters.

Child Support Claim | What happens when the other parent still does not pay

A support order or agreement is only useful if it is actually paid. Korean law gives several escalating tools once a formal child support order exists, largely under the Act on Special Cases Concerning the Promotion, etc. of Payment of Child Support (양육비 이행확보 및 지원에 관한 법률).

Direct payment order and seizure of wages

If the paying parent is employed, the court can issue a direct payment order requiring the employer to deduct child support directly from wages and pay it to the caregiving parent, or the caregiving parent can seek a seizure and collection order against wages or bank accounts.

Indirect compulsion (이행명령 and 감치)

For a parent who repeatedly ignores a support order, the family court can issue a performance order (이행명령), and continued noncompliance can lead to a fine for noncompliance or, in serious repeat cases, detention for up to 30 days (감치) as an indirect way of compelling payment.

Publishing information and restricting departure

Under the Act on Special Cases Concerning the Promotion, etc. of Payment of Child Support, a habitually delinquent parent's personal information can in certain cases be disclosed, and a request can be made to restrict that parent from leaving the country, as additional pressure to secure payment.

Child Support Claim | From consultation to a collectible support order

Child Support Claim | How fees are generally structured

※ Costs vary depending on case complexity and specific circumstances; exact fees will be provided during consultation. No specific outcome is guaranteed.

Child Support Claim | Self-Check Before You File

Frequently Asked Questions

Official References

• Korea Law Information Center — https://www.law.go.kr
• Easy-to-Find Everyday Legal Information — https://easylaw.go.kr
• Korea Legal Aid Corporation — https://www.klac.or.kr