Court Tightens Judgment on 'Child Support Payment'... Orders Payment of 15 Years Overdue Child Support

Decision to Increase Child Support After 15 Years

Illustration by Kim Dahee

The court's judgment on the enforcement of child support obligations by divorced spouses who do not raise their children is becoming stricter.

There are cases where payment enforcement orders are issued for child support arrears overdue for as long as 15 years, or where already decided child support amounts are increased considering education expenses and inflation.

According to the Korea Legal Aid Corporation (Chairman Lee Jong-yeop) on the 19th, Judge Jeong Yeon-hee of the Uijeongbu District Court Goyang Branch (currently a judge at the Seoul Central District Court) ruled in a child support enforcement order application case filed by Ms. A against her ex-husband, stating, "The respondent shall pay the applicant 28.8 million KRW of unpaid child support as of August 31, 2023, in installments of 800,000 KRW each on the last day of every month for 36 months starting from February 2024, in fulfillment of the child support obligation according to the mediation record dated October 7, 2008."

In 2008, while undergoing a divorce lawsuit with her husband, Ms. A visited her husband's lawyer's office on September 19, 2008, and drafted a divorce agreement. It stated that "the daughter will be raised by Ms. A, who will be the legal guardian, and no child support will be claimed. Instead, the husband cannot see the child without Ms. A's consent."

Two weeks later, at the family court mediation session with jurisdiction, they appeared and drafted a mediation record that was the exact opposite of the divorce agreement. The content was that "until 2028 (when the child becomes an adult), the husband will pay 400,000 KRW monthly as child support. The husband may freely visit the child after prior consultation."

In reality, things proceeded according to the divorce agreement, not the mediation record. The ex-husband neither sent child support nor visited the child. Ms. A, knowing well about her ex-husband's assets and income, had given up in advance.

After 15 years, in 2023, struggling with her child's education and living expenses, Ms. A was shocked when she obtained her ex-husband's resident registration abstract. He was living in a luxury apartment in Seoul.

With the help of the Legal Aid Corporation, Ms. A applied for a child support enforcement order. The ex-husband was baffled, saying, "We agreed not to claim child support through the divorce agreement, and in fact, I have not paid for 15 years."

Seoul Family Court, Yangjae-dong, Seoul. Photo by Seoul Family Court

However, the court prioritized the legal effect of the later mediation record over the divorce agreement and ruled in favor of Ms. A.

Judge Jeong stated, "The divorce agreement was drafted before the mediation was established, and since a mediation was established later between the applicant and the respondent regarding the payment of child support, the respondent cannot be exempted from the child support obligation based on the divorce agreement."

However, considering that Ms. A never demanded child support payment during the past 15 years and that the unpaid period was long, making lump-sum payment burdensome, the judge decided that the respondent should pay 28.8 million KRW (400,000 KRW per month x 72 months) corresponding to the last six years of unpaid child support.

Meanwhile, there are also cases where child support was increased considering education expenses and inflation. The 3rd Family Division of the Gwangju Family Court (Presiding Judge Shim Jae-kwang) dismissed an appeal filed by Mr. B's ex-husband in a child support claim lawsuit, maintaining the original decision to increase child support from 300,000 KRW to 700,000 KRW per month.

Mr. B agreed to receive 300,000 KRW monthly in child support when he divorced his ex-husband by mutual consent in 2008. Fifteen years later, last year, Mr. B learned that his ex-husband's financial situation had improved as he was working at a large corporation. With the help of the Korea Legal Aid Corporation, Mr. B received some unpaid child support and filed a lawsuit to increase the monthly child support to 900,000 KRW.

Mr. B stated that monthly expenses for his high school-aged child's education, including English and math academy fees and musical instrument lessons, amounted to 440,000 KRW. He also cited inflation and the significant decline in currency value over the past 15 years.

Judge Hwang Min-woong of the Gwangju Family Court, who handled the first trial (currently a judge at the Gwangju High Court), adjusted the monthly child support to 700,000 KRW, considering the economic circumstances of Mr. B and his ex-husband and the expected increase in child support as the child grows.

Judge Hwang explained, "Considering the age of the child, the caregiving situation, the ages and economic circumstances of the claimant and the respondent, and the expected increase in costs necessary for the child's upbringing as the child grows, maintaining the child support amount set at the time of the mutual divorce would harm the child's welfare, so it is necessary to change it."

The ex-husband appealed but was dismissed.

Lawyers Koo Tae-hwan and Legal Officer Na Young-hyun, who represented the parties in these lawsuits on behalf of the Corporation, said, "Social interest in child support issues is increasing," and "We welcome the court's strict judgment."