Mother Who Didn't Pay Child Support for 14 Years but Collected Child's Death Insurance... Court Orders "Pay 100 Million Won" [Seocho-dong Legal Story]

Mr. Song and Ms. Han married in September 2002, had two children, A and B, and then divorced by mutual consent in March 2007.

At the time of the divorce, Mr. Song's parents agreed to raise the two children, while Mr. Song would bear all child support payments. In practice, Mr. Song did not demand any child support contributions from Ms. Han afterward and bore the entire child support burden alone while working various jobs such as delivery, day labor, and truck driving.

Ms. Han rarely provided economic support to the children except for occasionally sending small allowances, and she did not exercise visitation rights, maintaining little contact with Mr. Song or the children.

Then, more than 14 years after the divorce, on December 15, 2021, the younger child, B, died in a traffic accident while working a delivery part-time job.

In April 2022, before claiming B’s death insurance money from the insurance company of the traffic accident perpetrator, Mr. Song’s older brother contacted Ms. Han to request a negotiation to receive only a portion of her statutory inheritance share, asking her to waive part of the insurance money as past child support, given that she had not paid child support to Mr. Song for over 14 years.

However, Ms. Han refused. She insisted on receiving the full amount of the insurance money she was entitled to as B’s legal heir.

Mr. Song filed a claim with the insurance company, but the insurer withheld payment exceeding the liability insurance limit, citing the perpetrator’s violation of policy terms related to paid transportation exemption, and paid only within the liability insurance limit. Consequently, in May 2022, Mr. Song received 92.5 million KRW, and Ms. Han received 86.7 million KRW from the insurer.

When Ms. Han, who had not paid child support for over 14 years, received the full statutory inheritance insurance money, Mr. Song sought help from the Korea Legal Aid Corporation (Chairman Lee Jong-yeop). In June 2022, with legal support from the corporation, he filed a lawsuit against Ms. Han demanding 100 million KRW in past child support. The claim calculated 86 million KRW for past child support over 14 years and 4 months until A reached adulthood after the divorce, and 88.5 million KRW for past child support over 14 years and 7 months until B’s death, totaling 174.5 million KRW, and requested payment of 100 million KRW.

Mr. Song also filed a lawsuit against the insurance company to claim the remaining insurance money, but no conclusion was reached before the first trial of the child support lawsuit ended.

In court, Ms. Han argued that it was unfair for Mr. Song to now claim past child support after agreeing at the time of divorce that he would bear all child support payments.

However, the court ruled, "Although it appears that Mr. Song did not request child support payments from Ms. Han for several years while raising the children, the mere fact that child support was not claimed for a long period is insufficient to recognize that there was an agreement at the time of divorce for Mr. Song to bear all child support alone."

Furthermore, the court stated, "Changing matters necessary for child-rearing after the initial decision is possible not only when there is a special change in circumstances but also when the initial decision is deemed unfair considering all circumstances."

Even if such an agreement existed at the time of divorce, the court suggested that Ms. Han might also be required to pay child support considering various circumstances.

The court pointed out, "Ms. Han had little contact or economic support for the children for about 14 years and 4 months until A reached adulthood and 14 years and 7 months until B’s death after the divorce, and upon B’s death in a traffic accident, she received insurance money as a legal heir. There is insufficient evidence to recognize that she was unable to raise the children or exercise visitation rights against her will. Considering these factors, it is unfair for Mr. Song to bear all past child support alone."

Judge Lee Ha-rim of the Uijeongbu District Court Family Division 2, who presided over the first trial, ruled in December last year that Ms. Han must pay 65 million KRW in past child support.

The court explained that although Ms. Han might receive additional death insurance money in the future, the exact amount was not yet determined at the time of the first trial ruling, and considering the economic burden of claiming all past child support at once, the court set the amount Ms. Han must pay accordingly.

Mr. Song appealed. The lawyer representing Mr. Song at the Legal Aid Corporation argued that since Ms. Han had already received a large insurance payout and was expected to receive additional large insurance money from the insurer, there was no need to reduce the amount. The claim was expanded to demand the full amount of past child support.

During the second trial, the perpetrator of the traffic accident was acquitted in the criminal case, and in March 2024, Mr. Song agreed with the insurance company to withdraw the lawsuit in exchange for receiving an additional 244 million KRW in insurance money corresponding to the statutory inheritance share.

The Uijeongbu District Court Family Division 1 (Presiding Judge Park Ju-young), which handled the second trial, also found that Ms. Han, who had not paid child support for over 14 years after the divorce, had an obligation to pay past child support.

Like the first trial court, the second trial court judged that the mere fact that Mr. Song did not request child support payments for several years after the divorce was insufficient to recognize an agreement that Mr. Song would bear all child support payments.

The court further stated, "Even if there was an agreement that Mr. Song would bear all child support payments as Ms. Han claims, since Mr. Song filed this lawsuit seeking child support payments, it should be regarded as a request to change the child support burden portion agreed upon by the parties."

The court also considered that Ms. Han ▲ sent only small allowances to A after the divorce without other economic support, ▲ received 86.7 million KRW as a legal heir after B’s death in a traffic accident, ▲ is expected to receive an additional 244 million KRW in death insurance money, ▲ lacks evidence to prove she was unable to raise the children or exercise visitation rights against her will, and ▲ has been steadily earning income, and thus on the 16th of last month, ordered Ms. Han to pay 100 million KRW in past child support.

Attorney Kim Su-yeon of the Legal Aid Corporation, who represented Mr. Song in this lawsuit, said, "The mere fact that child support was not claimed for a long period does not mean the right to claim child support was waived. This case is significant in that the amount of past child support was increased in the appeal trial considering the additional insurance money to be received. It serves as a warning to selfish parents who neglect their duty to support their children but try to claim death insurance money solely as heirs."