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 courts, also, witnessed rising lawsuits seeking child support against Korean fathers in Korean Family Courts.
Child Support in Korea
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 and mothers who either neglected or abandoned their obligation of child support. Under the law, the non-custodial father/mother 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. The Korean court may, also, award back child support.
Moreover, the non-custodial father may also be ordered by the Korean court to pay for past expenses incurred in rearing the child. And if the non-custodial father or mother continues to refuse to give child support, the custodial parent 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 factors such as: (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.
For an article on the calculation of child support please see: Calculating Child Support Payments in Korea.
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.
- Korean Child Support Basics Explained
- Obtaining Child Support in Korea from a Deadbeat Father (or Mother)
- Punishment in Korea for Not Paying Korean Child Support
- Calculating Child Support in Korea
- Korean Child Abduction Law Explained
- International Child Abduction in Korea: Removing a Child Back to the Country of Residence of the Custodial Parent via the Korean Courts Explained
- Korea Divorce Checklist for Negotiation of a Marital Separation Agreement in Korea
- Getting a Divorce in South Korea as a Foreigner (Korean Divorce Law)
- International Parental Child Abduction: Korea Accedes to Hague Convention on Child Abduction
- Force Majeure Jurisprudence in the Republic of Korea