As we’ve mentioned in our previous post “Obtaining Child Support from a Deadbeat Korean Father (Mother)”, for the past few years we noticed a huge increase in children born out-of-wedlock from foreign national mothers and Korean fathers. And because of this incident Korean court also witnesses rising lawsuits seeking child support against Korean fathers. Under Act on Enforcing and Supporting Child Support Payment or Act No. 12532 as amended by Act No. 13216, the term child support is defined as “expenses necessary for protecting and rearing a child who is not an adult” or below 20 years of age.
The Korean courts, in many of its decisions, had rendered favorable decisions in awarding child support to children with Korean fathers who either neglected or abandoned their obligation of child support. Under the law, the non-custodial father is required to provide financial support per month until the child reaches adulthood. Hence, claims for child support may be filed before the child reaches 20 years of age.
Moreover, the non-custodial father may also be ordered by the court to pay for past expenses incurred in rearing the child. And if the non-custodial father will continue to refuse giving child support, the custodial mother may ask the court to withhold the income or property of the non-custodial father to fulfill the latter’s child support obligation.
The amount of child support varies depending on the factors such as but not limited to: (1) financial capacity of the non-custodial father and custodial mother, (2) cost of living where the minor child lives, (3) the number of children of the non-custodial father, (4) medical condition of the child which requires additional money for treatment, and (5) cost that will be incurred for education of the child.
If you want to learn more about child support and understand the ways to enforce such obligation, please: Schedule a Call with an Attorney in South Korea.
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