Father Cuts Off Study Abroad and Living Expenses After Affair Exposed
"Difficult to Claim Study Abroad Fees and Hold Mistress Accountable"
A father who sent his wife and child to study in the United States together was caught having an affair, and upon discovery, he stopped providing support for their tuition and living expenses.
On the 4th, YTN Radio's 'Joinseop Jo's Counseling Center' received this story from a daughter, Ms. A. She asked whether she could claim tuition and living expenses from her father as child support.
One day, Ms. A's father, Mr. B, asked her, "Are you thinking about studying abroad in the U.S.?" Ms. A replied, "I am satisfied studying in Korea, but if you could help, I would gratefully go." Mr. B then actively supported his daughter's study abroad by even attending study abroad consultations himself and discussing which school would be best for her. He also told his wife, Ms. C, "You've worked hard raising our daughter. Go to the U.S. and get some fresh air," encouraging both Ms. A and Ms. C to go to the U.S.
Subsequently, Ms. A was admitted to a university in the U.S. and began living there with her mother, Ms. C. However, after about two years, Ms. A heard from Ms. C that "Dad had an affair." Shortly after Ms. A and Ms. C left for the U.S., Mr. B started bringing another woman home. Mr. B's affair was revealed when a friend of Ms. C, who lived in the same apartment complex, witnessed Mr. B entering the house with another woman multiple times.
Ms. A said, "My mother and father fought severely over this issue and eventually agreed to divorce," and that Mr. B stopped sending the monthly tuition and living expenses from the day his affair was discovered. Fortunately, with help from Ms. C's parents, Ms. A is barely managing to cover her tuition costs, but the situation remains difficult. She then asked, "Is it possible to claim tuition and living expenses from my father as child support?"
Attorney Lee Chaewon from the law firm Shinsesangro explained, "The obligation of parents to support their adult children is stipulated in Article 974 of the Civil Act. This obligation assumes that the parents have the financial means and that the child cannot maintain their livelihood through their own resources or work. This is called the secondary support obligation." However, she added, "The secondary support obligation is recognized only when the adult child is objectively in a state of hardship that cannot be covered by their own resources or labor. Our courts also consider the child's standard of living and the parents' financial capacity, limiting support to the costs necessary for ordinary living. Therefore, it would be difficult to claim U.S. tuition fees as ordinary living expenses without special circumstances."
She continued, "Considering the young age, education level, and health status of the person involved, it is unlikely that the obligation to pay tuition as support would be recognized if the child can maintain their livelihood without the father's support. Our Supreme Court allows the secondary support obligation very restrictively," she added. Attorney Lee also assessed that it would be difficult for Ms. A to file a compensation lawsuit against the father's mistress.
The attorney explained, "Our precedents state that unless the third party who committed adultery actively interferes with the child's upbringing, protection, or education with malicious intent, they cannot be held liable for tort in relation to the child, meaning the child cannot file a lawsuit against the mistress." However, she added, "If it can be proven that the father's mistress deliberately and actively prevented the sending of tuition fees, then a claim for compensation might be possible."
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
