Can past child support be sued even if it has been a long time? (The statute of limitations does not apply?)
In 2011, the Supreme Court ruled that the right to past child support (until it is established as a specific right to claim payment through agreement between the parties or a decision by the family court) cannot be said to be a property right that allows the caregiver to exercise that right, and the statute of limitations does not apply. There is no room to proceed. I did it.
Specifically, it largely depends on whether or not there is an agreement regarding child support.
Past child support claims and statute of limitations : Depends on the method and timing of divorce
1. In case of divorce by agreement without determining child support
Married couple A and B divorced by agreement in January 1999 without reaching any agreement regarding child support for their 12-year-old minor child C.
After that, A raised C while paying child support alone. Can A claim repayment of child support in the future?Until a specific right to claim payment is established through agreement between the parties or a decision by the family court, the right to past child support cannot be said to be a property right that the caregiver can exercise that right, and therefore there is no room for the statute of limitations to proceed. Therefore, A can claim repayment of child support paid for C against B, who did not pay child support, even after C becomes an adult.
2. When the parties have reached an agreement on child support
If the divorced parties have reached an agreement on child support, it is a claim to pay child support regularly within one year under Article 163, Paragraph 1 of the Civil Act, so a short-term statute of limitations of three years will apply.
Therefore, you can receive child support for the past three years, calculated backwards from the time of filing the child support claim.
3. In case of child support judgment or child support burden record
a. The plaintiff and the defendant were married on August 8, 2008, had a child, A (born in 2014), and then applied for confirmation of intention to divorce by agreement. And on November 28, 2011, we received confirmation and reported divorce by agreement.
In the above case of application for confirmation of intention to divorce by agreement, on November 28, 2011, 'the plaintiff shall pay the defendant 300,000 won per month on the 30th of each month from the day after the divorce report to the day before A reaches the age of majority as child support for A.' A child support burden report was prepared.
The plaintiff did not pay any child support to the defendant according to the child support provision.
On September 27, 2022, the defendant applied for an enforcement order against the plaintiff seeking payment of child support in accordance with the above child support burden protocol.
b. If matters related to child support are confirmed by a judgment in the family court, Article 165, Paragraph 1 of the Civil Act (even if a claim confirmed by a judgment has a short-term statute of limitations, the time limit is considered to be 10 years). Therefore, it is considered subject to a 10-year statute of limitations (Supreme Court 2009S145 ruling)
If a child support burden record is prepared, Article 41 of the Family Litigation Act grants the child support burden record the same enforcement power as a child support judgment, so the 10-year statute of limitations also applies to the right to claim child support pursuant to the child support burden record.
c. Therefore, the statute of limitations has been completed for the portion that occurred 10 years ago from the date of application for the child support performance order, September 27, 2022 (the portion that occurred from the end of November 2011 to the end of August 2012), but the portion that occurred after that date has expired. Since the statute of limitations has not expired, there is an obligation to pay child support.
This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary.
Please chat or email for specific details.