Consultation was received at the hospital, but... no sign of improvement
A woman who divorced her husband decades ago due to his sleepwalking has confessed that she is now considering claiming child support.
On the 5th, YTN Radio’s ‘Attorney Jo In-seop’s Counseling Center’ introduced the story of Ms. A, who wants to claim child support from her husband whom she divorced 24 years ago due to his sleepwalking.
Ms. A gave birth to a child two years after marrying her husband. One day, while sleeping, she felt something strange and woke up to a shock. Her husband was standing by the bed, quietly looking down at her.
However, her husband had no memory of it. He was suffering from sleepwalking. His symptoms worsened over time, wandering around the house every night and eventually even physically striking Ms. A. They sought medical consultation, but there was no sign of improvement. Ms. A said she became increasingly sensitive due to her husband’s sleepwalking.
Eventually, the couple separated when their child was about to enter elementary school, and the following year, Ms. A divorced her husband by mutual agreement and raised the child alone.
Ms. A said, "Suddenly, I felt a sense of injustice. After much consideration, I filed a claim through the court for the child support I paid alone from 2000 until November 2012, before the child became an adult," adding, "I worry if it’s too late to make this claim. Can I receive the child support?"
In response, Attorney Son Eun-chae (Shinsegae Law Firm) said, "Even if divorced couples did not decide how to share child support, it is possible to claim past child support later," but added, "However, since the divorce was 24 years ago, it might be difficult to determine the amount of child support."
She continued, "Ms. A should check whether the other party did not pay even a single won of child support during the 12 years she is claiming." She also said, "According to the current child support calculation standards, the minimum monthly child support is 300,000 to 400,000 KRW, and calculating for 12 years amounts to about 40 to 50 million KRW. There is also a possibility of reduction considering the other party’s financial situation."
Attorney Son explained, "According to the Civil Act revised in 2011, the age of majority was lowered from 20 to 19 years old, effective from 2013. Due to a recent Supreme Court decision, the situation has changed, and from now on, the statute of limitations for claiming past child support is 10 years from when the child becomes an adult."
She added, "Since Ms. A’s child turned 20 in November 2012, the claim for past child support should have been made before the birthday in November 2022. This year, the 10-year statute of limitations has passed, so if the other party argues this, the claim for past child support will likely be dismissed."
Meanwhile, it is currently known that there is no special treatment for sleepwalking itself. When symptoms occur, it is important to get good sleep and make the surrounding environment safe.
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