Child Support Claim Lawyer
Child Support Claim Lawyer | Getting the support your child is owed, and making it stick
Child support is not a favor from the other parent - it is a legal duty owed to the child, and a parent raising the child alone can claim it on the child's behalf (민법 제913조, 제974조). This applies whether you divorced through agreement, went through litigation, or were never married. The claim can cover ongoing monthly support going forward and, in many cases, unpaid support for the period before the claim was filed. If the other parent still refuses to pay after a court order is issued, several enforcement tools exist to compel payment.
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
We review the child's birth registration status, any existing divorce or paternity determination, current custody arrangement, and what income information is available for the other parent.
If there is an ongoing family court case or the parties are willing to talk, child support can often be settled faster through agreement or court mediation (조정) than through a full trial.
If agreement fails, we file a claim for child support (양육비청구) - often together with a custody or paternity claim if those are not yet settled - and prepare income and expense documentation to support the requested amount.
The court reviews both parents' income and circumstances, applies the standardized guideline as a reference point, and issues a decision or approves a settlement setting the monthly amount and, where relevant, past support.
If the other parent later fails to pay, we can pursue direct payment orders, wage or account seizure, a performance order, or the disclosure and travel-restriction measures under the child support enforcement act.
Child Support Claim | How fees are generally structured
Set based on whether the case involves only a child support claim, or is combined with a divorce, custody, or paternity dispute, and on the anticipated level of dispute over the other parent's income.
Where applicable, often tied to the amount of past support actually recovered or secured, rather than the ongoing monthly amount, since future monthly payments are not a one-time recovery.
If a separate enforcement procedure becomes necessary later - such as a wage seizure, performance order, or detention petition - this is typically billed as an additional stage rather than included in the original retainer.
Court filing fees, service of process costs, and fees for obtaining financial or tax data on the other parent through court-ordered disclosure.
※ 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
1️⃣ Do you have a basis to claim support?
- Is your legal relationship to the child established (marriage, divorce, or a paternity determination)?
- Are you currently the parent providing day-to-day care for the child?
- Is there an existing agreement or court order on child support, or is this the first claim?
- Has the other parent ever provided any support, even informally?
2️⃣ Do you have income evidence on the other parent?
- Do you know the other parent's employer, business, or main source of income?
- Do you have any pay stubs, tax filings, or bank records showing their income?
- Has the other parent been avoiding contact or hiding their financial situation?
3️⃣ Are you also seeking past (retroactive) support?
- How long has the period without formal support lasted?
- Do you have receipts, school records, or medical bills showing the child's actual expenses during that period?
- Did you ever request support from the other parent before, even informally, and do you have any record of it?
4️⃣ Is the other parent already ignoring a support order?
- Is there an existing family court order or approved settlement on child support?
- How many months of payments have been missed?
- Do you know where the other parent works or banks, for possible seizure?
- Have you already tried a performance order (이행명령) without result?
