Child support decision
Child support decision by consultation between the parents- If the parents divorce, their marriage is canceled, or a child is recognized, the parties may decide on the burden of child support by consultation [Article 837(1), Article 837(2)2, Articles 824-2, 843, 864-2 of the Civil Act; Article 2(1)2(b)3) of the Family Litigation Act].
· “Recognition” means the declaration of intention by which a child born outside of marital relations is admitted to be a child of a birth parent. In general, a legal parent–child relationship is created on recognition, with the recognition taking retroactive effect from the time of the child’s birth (see the former part of Article 855(1) and the main body of Article 860 of the Civil Act).
- If the result of the consultation between the parents is harmful to the welfare of the child, the family court may order its correction or decide ex officio matters necessary for the care of the child considering the child’s wishes, age, the parents’ financial position, and other circumstances (Article 837(3) of the Civil Act).
Claim for child support if consultation cannot be established- If the parents failed to consult each other on child support or consultation cannot be established, the family court may be petitioned for a decision and may also decide ex officio matters on child support. In this event, the family court must consider the child’s wishes and age, the parents’ financial situation, and other circumstances (Article 837(4) of the Civil Act).
- If the family court deems it particularly necessary for a case for the payment of a minor’s child support, it may ex officio or by petition order a party to submit a property list disclosing the specifics of financial status (Article 48-2(1) of the Family Litigation Act).
※ If a person subject to the above order to disclose property refuses without good cause to submit the property list or submits a false property list, an administrative fine of no more than KRW 10 million shall be imposed on them (Article 67-3 of the Family Litigation Act).
- If the family court finds that the minor’s child support payment case cannot be resolved solely by the property list submitted according to the property disclosure procedure, it may ex officio or by party petition make an inquiry for property in the party’s name to public agencies, financial institutions, organizations, etc., that manage personal property and credit computer networks (Article 48-3(1) and (2) of the Family Litigation Act; Article 74(1) of the Civil Execution Act).
※ If the head of an institution or organization that received the above inquiry refuses without good cause to submit the material or submits false material, an administrative fine of no more than KRW 10 million shall be imposed on them (Article 67-4 of the Family Litigation Act).
Modification of child support- If found necessary for the child’s welfare, the family court may ex officio or by the petition of the parent, child, or a prosecutor modify matters relating to child support (Article 837(5) of the Civil Act).