Child Support Paid Until Minor Child Reaches Adulthood
Government to Compulsorily Collect Advance Child Support Payments in Case of Nonpayment
The government will pay 200,000 KRW per month in child support on behalf of the 'bad parents' who do not provide child support to the custodial parent after divorce, and a specific plan to recover this amount from the debtor later will be established.
On the 11th, the Ministry of Gender Equality and Family announced that it will publicly notify the partial amendment bill of the Child Support Enforcement Act and Enforcement Rules containing these details from today until July 21, ahead of the implementation of the child support advance payment system scheduled for July this year.
The child support advance payment system is a system where the state first pays child support upon application from the child support creditor who has not received child support, and later recovers it from the child support debtor. It is expected to contribute to creating a stable child-rearing environment for single-parent families and strengthening the child-rearing responsibility of the non-custodial parent.
The previously amended Child Support Enforcement Act allows child support creditors to apply for advance payment only if they have not received child support, the household's recognized income is below 150% of the median income standard, and efforts to secure child support enforcement have been made. The specific conditions for child support non-fulfillment were delegated to the enforcement decree, and in this amendment, failure to fulfill child support obligations is defined as the child support debtor, who is obligated to pay child support regularly, not fulfilling any child support debt for the three months immediately preceding the application date.
The amount of the child support advance payment is 200,000 KRW per month per minor child, and the payment period lasts until the minor child reaches adulthood.
The amendment also includes measures to recover the advanced child support payments. The state will send a 'Notice of Advance Payment Recovery' containing reasons and amounts for recovery regularly to the child support debtor and proceed with the recovery process.
A payment deadline of 30 days or more will be set to urge payment, and if unpaid, collection will proceed in the form of compulsory collection similar to national tax enforcement.
To ensure effective compulsory collection, income and property data that can be accessed without the consent of the child support debtor subject to advance payment have also been specified. In addition to existing national and local taxes, land and buildings, pension information such as the National Pension, and immigration information can also be obtained from related agencies.
Procedures to prevent fraudulent receipt have also been stipulated. The advance payment recipient must inform the Child Support Enforcement Manager of changes in household income, changes in household members, and whether child support obligations are being fulfilled. If fraudulent receipt is detected, the decision for advance payment will be canceled, and the amount received must be returned. Furthermore, if a child support payment order is not fulfilled within 30 days, the driver's license may be suspended, and departure from the country may be prohibited.
Shin Young-sook, Vice Minister of the Ministry of Gender Equality and Family, said, "The child support advance payment system, which has been the hope of single-parent families, will be implemented from July 1. We will make every effort to prepare subordinate laws and regulations so that the advance payment system can be quickly established on the ground, carefully monitor those who need advance payment, and improve the system to continuously create an environment where children of single-parent families can grow up more stably."
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