The, typical, situation occurs when a child is born out-of-wedlock and the father abandons the child. Child Support in Korea may be obtained from these deadbeat fathers. This situation is alarmingly common. The, typical, situation involves Philippine, Chinese, Vietnamese, Cambodian, Thai, and Southeast Asian country woman having children with Korean Nationals. The Korean fathers are, typically, students or businessmen doing business in these countries. The KOPINO issue has been publicized in the Korean media, however, few cases have been filed in Korea courts, seemingly, because of lack of knowldge of options available to these mothers.
Yes, mothers of children of these deadbeat fathers have options. The option is to sue for child support in a Korean court. The process is not so difficult and mothers may receive back child support from the father. Prior to suing, the mother should obtain all contact details, identification cards and other information of the deadbeat father.
Korean Paternity Law
In order for a mother to obtain the right to receive child support, the mother must either have the father acknowledge paternity or a Korean court must rule that the individual is the father of the child. A court shall, normally, order a DNA test to determine paternity if a father does not acknowledge paternity. Prior to the ordering of a DNA test, the court, normally, requires evidence of a relationship between the mother and alleged father. This can be accomplished by showing email, pictures or statements from witnesses.
Many lawyers in Korea, have taken cases on a partial contingency basis, thus, the mother filing the case may avoid a considerable amount of upfront money. We, highly, recommend contacting an attorney and seeing if an attorney can assist at obtaining for you and your child – child support.
Known for his proactive street-smart advice & non-conflicted advocacy, NY Attorney Sean Hayes works with leading retired Korean judges, prosecutors and experienced Korean attorneys in leading contentious and transactional matters in Asia. First non-Korean lawyer employed by the Korean Court System. SeanHayes@ipglegal.com
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