Question 1

Can I pay academy fees included in child support directly to the academy?

Accepted Answer

Child support paid by Sanghwa, who did not trust each other during the divorce,Is it actually being used to raise children or is the other person using it for personal use?When in doubt, do not pay child support directly to the other party, but pay school fees, communication fees, etc.There are often cases where you say you will pay directly, but you decide to pay directly with the other party.It is possible if there is agreement, but if not, it is impossible in principle.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 2

When calculating child support, is the combined income of the couple based?

Accepted Answer

yes. In principle, child support is jointly borne by the couple, so it is based on the couple's combined income.Child support can be determined by agreement between the couple at the time of divorce.If an+ agreement cannot be reached, the matter can be resolved by filing a claim with the court.The court publishes a standard table for calculating child support in accordance with the Family Litigation Litigation Act.However, just because child support is calculated according to the child support standard table, the entire amount is paid as is.Rather, if there are special factors, the total amount of child support is determined by taking these into account.Court-based child support calculator: You can easily calculate child support with a few clicks.https://ehon.booboolife.com/tool/Child : Support CalculatorThis is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 3

Does the child support calculation standard apply to divorce by agreement?

Accepted Answer

Yes, you can apply it.Divorce by agreement is when the parties agree on the terms of divorce.If you have children, you can also negotiate child support.At the time of negotiation, the non-custodial person's income is higher than the amount calculated in the child support calculation standard table.If you pay a lot of child support, you will reach an amicable agreement.Otherwise, you can apply the child support calculation standard published by the court.And if circumstances change after deciding on child support,The parties may agree to change child support.If no agreement is reached, child support can be changed by requesting a court ruling.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 4

Does the memorandum regarding child support have legal effect?

Accepted Answer

Oral promises or memorandums regarding child support have no legal effect.However, the notarized memorandum is the same as the child support burden record.Changes are possible depending on circumstances, so if there are special circumstances,You can file a request with the court to change your child support burden.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 5

I became unemployed. Do I not have to pay child support?

Accepted Answer

Even if you lose your job, your obligation to pay child support does not disappear.However, since there is a change in circumstances such as economic capacity,Submit a child support modification trial to the family court requesting a reduction in child support.If you file a claim and the court approves it, a partial reduction may be paid.In other words, if the circumstances of the party paying child support worsens, child support may be reduced.It is possible to file a claim, and on the other hand, you may have more financial resources or pay your child's tuition.If it increases further, it is also possible to request an increase.However, reducing child support is not a decision that is conducive to the welfare of the child.A strict decision will be made taking into account various circumstances.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 6

Can parental rights be changed if child support is not paid?

Accepted Answer

Can parental rights be changed if child support is not paid?Changing the person with parental authority is not possible through agreement, and you must request a change in the designation of the person with parental authority at the family court.At this time, a request to change the person of parental authority can be made not only by the biological parents but also by any relative within the fourth degree of consanguinity.At this time, the family court determines the child's age, parents' financial status, and Considering other circumstances, we will decide whether to change the person with parental authority and guardianship.Will my child be heard when changing parental rights?If the child is over 13 years old, the family court must hear the child's opinion.If you cannot listen to your child's opinion, or if you do not listen to your child's opinion,In cases where it is recognized that there are special circumstances that may harm welfare, Your child may not be heard.Detailed descriptionThe court takes into account the confusion that may be caused to the child due to a sudden change in caregiver and parenting environment.We are taking a very cautious approach to changes in parental authority and caregivers.In adjudications for changes in parental authority and caregivers, it is not simply a formal comparison of parenting abilities;The child's will, the relationship between the person who will be the guardian and the child, the child's will to raise the child, etc.We attach great importance to practical matters based on the child.As a result, it may be difficult to change parental rights simply because child support has not been paid.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 7

This is an adult child. Can I receive child support that I did not receive in the past?

Accepted Answer

Before there is an agreement between the couple or a court decision regarding child support that was not received in the past.You can receive all of your past child support regardless of the statute of limitations. However, at the time of divorce If there is a child support burden record or agreement, or a court decision on child supportSince there may be a 10-year statute of limitations, we recommend that you consult with a lawyer who is a legal expert.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 8

They divorced, but reconciled and live together. Do I still have to pay child support?

Accepted Answer

The obligation to pay child support does not necessarily arise after divorce.Even when a couple is separated and one party raises children, the other partyYou can claim child support payment. During marriage, joint living expenses are jointly covered by the couple.There is an obligation to pay, because child support is a cost of living together as a couple.If only one party borne this burden, payment can be claimed from the other party.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 9

If a father is raising a child, can't he receive child support?

Accepted Answer

You can receive it.If the father has custody, the mother is also obligated to pay child support as a parent.However, in a situation where the mother is a full-time housewife and has no actual income or assets,When her father gets child support, the issue will be whether she can get child support from him.When calculating child support, the Seoul Family Court's child support calculation standard is used as the standard.The decision will be made taking other circumstances into consideration. However, in this table, the concept of minimum child support is included.It makes clear that parents are obligated to pay child support even if they are incapable.The Supreme Court also said, “Parents have a joint responsibility to raise their children, and the costs of raising them are alsoIn principle, the parents must jointly bear the burden, and this depends on which of the parents exercises parental authority.Or, without asking who is the custodian and who is actually raising the child.It has been ruled that “it is an obligation arising from the nature of paternity.”This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 10

I was sentenced to imprisonment because of child support. What should I do?

Accepted Answer

What is imprisonment for non-payment of child support?If child support is not paid even after receiving a child support order from the family court, the child will be detained by the court.Imprisonment means being detained in a detention center, prison, or detention center for up to 30 days.Of course, within one week of receiving the court's detention decision.You can make an ‘immediate appeal’ to the family court that made the decision.In other words, it means receiving the court's decision again.The court's stance on child support is strong, so please seek professional help in the future.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 11

I'm worried that I won't be able to receive child support. Are there any safety devices?

Accepted Answer

Yes, there is a way.1. Claim for payment of future child supportThis is a method of determining in advance the amount of child support to be paid.As a lawsuit requesting future performance when filing a request for guardianship designationThis is a method of filing a claim for child support payment at the same time. At this time, the method of payment of child support andYou can file a claim in the format of your choice and receive a ruling based on the court's decision.There are no restrictions on the method and form of child support payment, and it is paid in a lump sum amount.You may receive payment or in installments. Also in moneyYou can receive it, or you can receive it in real estate, etc.2. What if child support is still not paid?If child support is not paid after divorce,You can apply for a direct payment order of child support through the legal services of the Child Support Enforcement Agency.For those obligated to pay child support, there is also a method of regularly deducting child support from their wages.In other words, it is a method of obtaining a court ruling to make payments directly to the custodian.You can get help paying child support in a variety of other ways.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 12

The other party is in the process of personal rehabilitation. Can I get child support?

Accepted Answer

Yes, you can receive it.In practice, child support paid by a person going through personal rehabilitation procedures to a divorced spouse isIt is considered the debt that can be repaid first among one's debts.A person who is owed child support can view the debt details of the ex-spouse who owes the debt.If you have a child support bond, you are entitled to participate in your former spouse's rehabilitation process.However, the court shall recognize the full amount of child support that the person who must pay child support has agreed to pay.If it is judged to be excessive in relation to the family court's child support standard, it can be reduced through a reduction trial.As a result, if circumstances change, such as the financial ability of the ex-spouse undergoing rehabilitation procedures,Child support may be reduced by requesting a judgment from the family court to reduce child support.Conversely, if you have more financial resources or your child's tuition has increased, it is possible to request an increase.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 13

Is ‘wage garnishment’ possible due to non-payment of child support?

Accepted Answer

Yes. it is possible.The Family Court determines that a person who is obligated to pay child support on a regular basis may, without justifiable cause,If child support has not been paid more than twice, the child support debtor may be subject to the request of the person with custody.From the salary of the child support debtor to the income tax withholding agent (company, etc.) who bears regular salary debt.We believe that it is possible to order child support to be regularly deducted and paid directly to the child support creditor.This is called a “direct payment order for child support.”The place that supports these services is the Child Support Implementation Management Center, which receives applications from custodial parents and mothers (child support creditors).Establishment of agreement between parties to receive child support from non-custodial parents, child support related litigation, collection,We support sanctions in case of non-compliance (Act on Securing and Supporting Compliance with Child Support - Abbreviated name: Child Support Implementation Act)This is a procedure in accordance with Korean law.For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 14

My husband lives abroad. Can I claim child support?

Accepted Answer

If the parties (couple) to a divorce lawsuit are Korean citizens, divorce, custody rights, etc.The laws of the Republic of Korea apply to decisions regarding this matter. The governing law for support obligations (including child support) for minor children is:Since it is the child's habitual residence according to Article 46 of Private International Law, the childIf you are in the country, you can claim child support because it is subject to domestic law.However, the problem is when the husband does not comply even if there is a ruling on child support payment.If your husband owns property in Korea, we recommend that you seek help from the Child Support Management Center.The Child Support Performance Management Center receives applications from custodial parents and mothers (child support creditors) and receives applications from non-custodial parents and mothers.Establishment of agreement between parties to receive child support, child support-related litigation, collection, and sanctions in case of non-compliance, etc.We provide support.This is a procedure in accordance with Korean law.For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 15

Can I receive child support during the probation period?

Accepted Answer

Yes, you can get it.detailed descriptionYou can receive child support even during the probationary period.When obtaining a divorce by agreement, if matters related to the custody of minor children are not agreed upon, the divorce by agreement itself is impossible.Therefore, when applying for divorce by agreement, you can discuss child support and include child support during the deliberation period as well.As a rule, the cost of raising a child is borne jointly by the couple, so child support can be received regardless of whether the couple is separated or divorced by agreement.This is a procedure in accordance with Korean law.For foreigners, detailed procedures may vary.Please chat or email for specific details.

Question 16

What should I do to get a lot of child support?

Accepted Answer

Child support is determined based on the standard child support from the <Child Support Calculation Standard Table> prepared by the Seoul Family Court.This child support calculation standard table serves as an important reference when the parties negotiate child support or the court calculates child support.The calculation standard table is based on the parents' combined income, and the combined income includes the parents' earned income, operating income, real estate rental income, interest income, government subsidies, and pension.It is the total amount of net income combined. This is divided by the income ratio of each parent to determine child support.The court is not necessarily bound by this calculation standard,In each case, the specific child support amount is determined by considering the specific child support situation and the following additional and subtractive factors.Is your area of residence urban or rural?number of childrenIs it a case of high treatment costs?Did the parents agree on the high cost of education?What is the parents' financial situation?Therefore, in order to receive a large amount of child support (to calculate it properly), you must first properly understand the other person's assets and income.Next, you must sufficiently demonstrate that there is a reason why child support should be added.By using the property declaration application system and supplementary property inquiry application,Reveal the other party's assets and income as much as possible, and claim the above-mentioned additional grounds to ensure that the child has a prior divorce record as much as possible.Efforts should be made to ensure that children grow up in the same level of nurturing environment.This process is not a simple matter for an individual to go through alone, so we recommend that you consult with an attorney.

Question 17

It turns out that the child is living with an adulterous woman or an adulterous man. Do I have to keep paying child support?

Accepted Answer

Yes, you must pay child support.Child support for minor children is an obligation arising from the status relationship between parent and child.It is not a matter that can be waived under certain conditions.If you divorce due to your ex-spouse's infidelity and that spouse is designated as a caregiver,If I later found out that I married an adulterous person who had an affair with me and was living with my child,I'm really angry, and I wouldn't want to pay a penny if I thought they would spend the child support I was sending them.However, as explained earlier, child support is an essential element for the growth and well-being of children.You should view it as money that has nothing to do with the other party.This is a procedure in accordance with Korean law.For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 18

Can I receive child support that I did not receive in the past?

Accepted Answer

Yes you can.Please refer to the case law below.The circumstances in which one parent came to raise the child and the amount of expenses incurred;Whether and when the other party is aware of the obligation to support, and whether it is the normal living expenses incurred in raising the child.Or, whether it is an unusual and unavoidable large special cost (treatment costs, etc.)It is appropriate considering various circumstances such as the parties' financial situation, economic ability, and fairness of burden.Within the scope of the recognized sharing, the parent who is raising the child shall pay the other party a portion of the current and future child support expenses.Not only can a reasonable amount of contribution be requested, but the parent's child support obligation is limited unless there are special circumstances.Since it occurs at the same time as the child's birth, the other party is expected to share a significant amount of past child support expenses.If approved, reimbursement of the cost may be claimed. This is a procedure in accordance with Korean law.For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 19

Can I file a lawsuit to increase child support due to school fees such as ballet or art?

Accepted Answer

If both parties agree on an increase or decrease in child support, there is no need to proceed with a lawsuit in the first instance.Otherwise, you will need to obtain a court ruling and file a “child support modification request.”Of course, not all requests for an increase will be accepted.The other party's income level and the reason for increasing child support due to having to attend ballet or art academies.You must make strategic arguments to persuade the court.This is a procedure in accordance with Korean law.For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 20

If I file a child support lawsuit, can I inquire about the other party's assets?

Accepted Answer

Yes it is possible.When the Family Court deems it particularly necessary for a child support claim case, it may do so ex officio or at the request of a party.The parties may be ordered to submit a property list specifying the status of the property, and the family court may follow the property specification procedure.In cases where it is recognized that it is difficult to resolve a child support claim case with only the submitted property list, ex officio or at the request of the parties.You can inquire about property in the name of a person, such as public institutions, financial institutions, or organizations that manage computer networks related to personal property and credit.If the head of an institution or organization that has received an inquiry submits false data or refuses to submit data without justifiable reasons, a fine of up to 10 million won will be imposed.For reference, if it is necessary to determine in advance the amount of child support to be paid, future performance can be made along with the request for designation of a caregiver.You can also file a claim for child support payment at the same time as a lawsuit (Article 14 (1) of the Family Litigation Act and Article 57 of the Domestic Litigation Act).This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 21

I was charged child support that was not paid in the past. Should I give the other person the entire amount they are asking for?

Accepted Answer

Not necessarily.If a lawsuit is filed, the court will make its decision by referring to several criteria.For more information, please check the link at the bottom.Additional explanationIn the case of past divorce by agreement or trial divorce, there has been agreement or ruling on child support.If you receive it, you should also consider applying the statute of limitations.In the past, child support claims were based on the circumstances in which one parent came to raise the child;The scope of sharing is determined by taking into account the parties' financial status, economic capabilities, fairness of burden, etc.This is a procedure in accordance with Korean law.For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 22

Can I receive child support during my recovery period?

Accepted Answer

yes. it's possible.Child support can be determined by agreement between the couple at the time of divorce, and if agreement is not reached, it can be determined by filing a request to the court.The consideration period is a system that exists only in divorce by agreement.In divorce by agreement, the court will not accept a divorce request without agreement on child support or interview negotiations.Child support is a portion of current and future child support paid by the parent to the other parent when one of the parents is raising the child.Not only can a reasonable amount of contribution be requested, but the parent's child-rearing obligation is limited to the birth of the child unless there are special circumstances.Since they occur at the same time, reimbursement of past child support costs can be requested if the other party's share of the costs is deemed significant.In other words, you can receive child support even during the probation period, and you can claim any child support that has not been paid.Additionally, if it is a judicial divorce rather than a divorce by agreement, you can apply for a preliminary disposition of child support while filing a divorce suit.You may be able to receive temporary child support until divorce.This is a procedure in accordance with Korean law.For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 23

After the death of a caregiver, my aunt, uncle, or grandmother would like to file a claim for child support.

Accepted Answer

My husband has not paid child support even once since the child support ruling was made. My wife, my caregiver, recently passed away. The deceased's aunt, who lived close to her and interacted with her, would like to claim child support. Is this possible?Yes it is possible.Principle : When one parent with sole parental authority dies due to divorce, the family court determines the person with parental authority upon therequest of an interested party (Article 909-2 of the Civil Act). In other words, the surviving father or mother does not automatically become the parent.The aunt who will become the guardian applies for guardianship of the minor.If you are appointed her guardian, her children will be able to enforce any inherited past child support bonds against her husband.This is a procedure in accordance with Korean law.For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 24

What is parental authority?

Accepted Answer

What is parental authority?“Parental rights” are the status and property rights and obligations that parents have toward their minor children.Article 2 of the Civil Act: Effect of parental authorityArticle 913 (Right and duty of protection and education) Those with parental authority have the right and duty to protect and educate their children.Article 914 (Right to designate residence) The child must reside at a place designated by the person with parental authority.Article 916 (Person's unique property and its management) Property acquired by a person in his/her own name shall be considered his/her own property and shall be managed by the person with parental authority who is the legal representative.In other words, the core effects of parental rights can be seen as the right to designate a place of residence and the right to manage property.When parents are married, they jointly exercise parental authority.However, after divorce, parental rights must be re-determined through the family court.Parents jointly or wife/husband only. You will decide between these three.Where is the person with parental authority displayed?When parents are married, parental rights are not indicated anywhere.However, if parents divorce, the person with parental authority will be indicated on the minor child's "basic certificate."In contrast, custody is not a right that appears in court documents.This is a procedure in accordance with Korean law.For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 25

Does the child's will matter when it comes to custody?

Accepted Answer

Yes, it's important.The court comprehensively considers various factors when assigning custody.It is judged to be the most appropriate method for the growth and welfare of minor children.Specific criteria include your child's wishes.The court comprehensively observes not only the child's statement itself, but also his or her attitude and behavior.Because one parent may educate their child to make certain statements,This is because children often make statements that are different from their true intentions due to psychological reasons such as disappointment or conflict of loyalty.In particular, when your child is over 13 years old, it is essential to listen to your child's opinion.Therefore, the wishes of children over the age of 13 become an especially important factor.This is a procedure in accordance with Korean law.For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 26

What criteria is used to determine who has custody?

Accepted Answer

The court said, "The gender and age of the minor child, the parents' affection for him and whether he has any intention to raise him,Whether or not you have the financial ability to raise children, the intimacy between the father or mother and the minor,Comprehensively considering all factors, including the minor's will,We are setting standards by saying, “We determine the direction that is most helpful and appropriate for growth and welfare.”In other words, the ultimate goal is to help the child's growth and well-being.The court makes its decision by considering various conditions that determine the child rearing environment in detail.Examples of detailed conditions are as follows.Gender and age of minor childrenparents' affection for their childrenTo what extent are the parents’ intention to raise children?Do you have the financial ability to raise children?Closeness between parents and childrenyour child's doctorThis is a procedure in accordance with Korean law.For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 27

How long will a custody case take?

Accepted Answer

It is difficult to determine clearly.When custody becomes an issue in a divorce case, there is little compromise.Therefore, the court makes its decision based on which parenting environment is better for the child's welfare.For this purpose, the court refers the case to a ‘family investigation’ during litigation.Investigate the parenting environment of both parties through a family investigator and, if necessary,We may go on a field trip to inspect the living environment in person or interview the children separately.This process alone can take several months.Also, if it is proceeded together with a divorce suit, other issues of divorce, such as fault orDepending on whether property division, etc. is complicated, the period may be shorter or longer.Therefore, in general, you should consider one year as the basis and that it may change depending on specific circumstances.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 28

What is the difference between parental rights and custody?

Accepted Answer

If a couple divorces, their children will have no choice but to live with one partner.After divorce, which party will exercise the rights and obligations of the child and which party the minor child will live with is a matter of parental rights and custody.1. What is parental authority?These are the status and property rights and obligations that parents have toward their minor children.Parental authority is exercised jointly by both parents when they are married.In case of divorce, you must designate a person with parental authority.If no agreement is reached regarding the designation of a person with parental authority, you can request the court to designate a person with parental authority.The specific details of parental authority are as follows.   1. Right and duty to protect and educate children  2. The right to designate a place of residence for your child  3. Disciplinary authority to impose necessary disciplinary action on children for their protection and education, and to entrust them to a rehabilitation or correctional institution with permission from the court.  4. The right to manage unique property acquired by a child in his or her name  5. Power of attorney for legal acts regarding children's propertyExamples of parental rights being exercised in practice are as follows.  1. When your child starts school  2. When your child has surgery  3. When issuing a passport  4. When reporting a move-inIf custody is on one side but joint parental rights are held, the consent of the other parent may be required in the above situation. (Not required. Example: If you go to a hospital that has a policy of performing surgery only with the consent of one party)2. What is custody?Among the contents of parental authority, minor children are under the protection of their parents as a matter of status. It means the right to nurture and educate. Parental authority is related to the child's status and property. Parental rights are a more comprehensive concept than custody because they are the right to make decisions.In case of divorce, one or both parents can be designated as the person with parental authority and guardianship. Parental authority and caregivers may be designated differently.In a designated case, the effect of parental authority extends only to parts excluding custody.This is a procedure in accordance with Korean law.For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 29

There is no parental or custody rights. Can I see my child?

Accepted Answer

Yes, of course you can see it.After divorce, one parent and the child who do not directly raise the childThe law provides for mutual interview negotiations.In addition, after divorce, one parent who does not directly raise the child dies orDue to unavoidable circumstances such as hospitalization in the intensive care unit, military service, or imprisonment as a prison guard,In cases where the right to interview cannot be exercised, the child can only live with the biological family.By interacting with one of the maternal families, there is a balance between the two families.There are many cases where the bond is lost, and in this case, the grandparentsInterviews with grandchildren are possible with permission from the family court.This is a procedure in accordance with Korean law.For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 30

Divorce by agreement. What should I do about my children?

Accepted Answer

Divorce by agreement is possible only when there is an agreement regarding child custody and parental authority.In the past, divorce by agreement was possible even without agreement on child custody and parental authority.However, as a result of this, problems arose in which the child's upbringing environment was violated.In order to prevent this, the current civil law provides for child support and parental authority when divorcing by mutual consent.It is stipulated that divorce by agreement cannot take place unless it is decided.When a couple who wants to divorce by agreement applies for confirmation of intent to divorce at the family court,Childcare matters and designation of parental authority, including the burden of childcare costs and whether the right to interview and negotiation are exercised, etc.An agreement must be submitted, and if the couple cannot agree on these matters,It is mandatory to request the decision from the court, receive a judgment, and then submit a copy of the judgment.This is a procedure in accordance with Korean law.For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 31

In case of divorce, can adult children receive child support or property?

Accepted Answer

When parents divorce, the minor child's status and property rights and obligations are designated as parental authority.Upon reaching adulthood, parental rights are terminated, and children over the age of 19, which is the age of majority under civil law, are not subject to child support calculation criteria.Since they are excluded, child support does not include any expenses incurred after the child becomes an adult, such as college tuition.In principle, adult children are not considered in the process of dividing property and calculating child support.Therefore, covering educational expenses for adult children (for example, college students) is not an obligation, but a moral aspect.However, in the case of college students, it is determined that there are actual childcare costs, such as tuition, and this is taken into consideration during trials and mediation.This is a method of dividing more assets to those who support adult children. Although it cannot be legally enforcedThe purpose is to refer to this standard when both divorced couples agree to give and receive child support for their college-aged children.However, this does not include children who are over the age of 23 and have graduated from college.This is a procedure in accordance with Korean law.For foreigners, detailed procedures may vary.Please chat or email for specific details.

Question 32

Child support calculation table, how do you calculate child support?

Accepted Answer

What is child support?Child support is money paid to caregivers raising children. This is money paid to ensure that children can grow up well in the same environment even if there is a divorce. The amount of child support is determined based on income, and even if you have no income, you are obligated to pay minimum child support. In an actual child support lawsuit, there is also a case where the husband, who has no income, was judged to have to pay child support of 200,000 to 300,000 won.Child Support Calculation TableThe amount shown in the child support calculation table is the amount of child support per child in a family raising two children. If you have one child, the basic child support fee may increase, and if you have three children, the child support fee per child will decrease. These are the contents of a lawsuit, and in the case of divorce by agreement (divorce by agreement), the parties can freely set child support. The income section of the child support calculation table refers to the sum of the income of the husband and wife. And this refers to pre-tax income and not the actual amount received. However, if there is no difference between actual income and pre-tax income, it is okay to roughly calculate it as actual income. The income mentioned above refers to income that includes business income, real estate rental income, interest income, government subsidies, pensions, etc. in addition to earned income.Mere income is not considered in determining child support. When it comes to the cost of raising a child, if there are reasons other than income that can be considered, we take it into consideration. Below are some practical considerations. 1) Parents' financial status 2) If the child lives in a city, it can be increased by 7.9%, and if the child lives in a rural area, it can be lowered by 16.5%) 3) Expensive child treatment expenses 4) Expensive education expenses within a reasonably necessary range 5) Personal rehabilitation of non-custodians 6) If the number of children is one, child support may increase. (If there are three or more children, child support per child is reduced.)Child support calculation method and procedureCheck the pre-tax income of you and the other party (wage statement, bank account details, etc.)Combine the pre-tax income of both people and check the income range on the child support calculation table.Check the amount appropriate for the child's age on the left and checkCheck the percentage of your income in total income. (Example: If the couple's total income is 5 million won and my income is 2 million won, 40%)The custodian can raise the child, and the non-custodian can pay child support.Child support lawsuit?If you get a divorce by agreement, child support is determined through agreement. If you divorce through divorce proceedings, the court will determine child support. What if the other party does not pay child support? Ultimately, you will have to file a lawsuit.Are you not paying the required child support?You can obtain child support by filing a lawsuit against the other party. Since child support is already set, you can resolve the case without having to file a lawsuit worth more than 5 million won. However, if the other party is truly penniless, it is difficult to realistically receive it. Additionally, you cannot receive child support after 3 years on a monthly basis. Therefore, you need to file a child support lawsuit as quickly as possible.Has child support not yet been determined?If so, you should file a child support claim now. You must finalize child support and request payment through a lawsuit. If child support was not set at the time of divorce, child support can be claimed at any time, regardless of the three-year period.This is a procedure in accordance with Korean law.For foreigners, detailed procedures may vary. Please chat or email for specific details.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 33

7 criteria for determining parenting matters

Accepted Answer

If you are going through a divorce and thinking about custody, check the relevant decision criteria below.You will need to claim custody.1. Age and gender of the child2. Property status of father and mother3. Children’s hopes for their caregivers4. The child's relationship with people who can influence the child's interests (parents or third parties)5. The child's ability to adapt to home, school, society, etc.6. Mentality of the parties involved. physical health condition7. Father or mother’s childcare wishesThis is a procedure in accordance with Korean law.For foreigners, detailed procedures may vary. Please chat or email for specific details.

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