Legal support for claiming and enforcing child support payment
Legal support details- A custodial parent may, under Article 7, apply for the legal support, such as litigation counsel to make child recognition and child support claims, of the Child Support Agency (hereinafter the “Agency”) to secure enforcement authority (Article 11(1) of the Act on Enforcing and Supporting Child Support Payment).
- A child support creditor who is unable to receive child support payment finalized by agreement or court judgment from the child support debtor may apply to the head of the Agency for the legal support necessary for the enforcement of child support payment, including an order for direct payment of child support and legal counsel to apply for an order to perform child support obligations (Article 11(2) of the Act on Enforcing and Supporting Child Support Payment).
· A “child support creditor” is a person actually caring for a minor child, including a designated custodial parent or legal representative, etc., who is entitled to make a claim for the payment of child support debt (subparagraph 5 of Article 2 of the Act on Enforcing and Supporting Child Support Payment).
· A “child support debtor” is a parent who is not actually caring for a minor child (including the noncustodial parent’s parent, when the noncustodial parent’s parent is obligated to pay child support) and is obligated to pay child support debt (subparagraph 6 of Article 2 of the Act on Enforcing and Supporting Child Support Payment).
- A child support creditor can receive the necessary legal support from the Agency upon making one of the following applications under the Family Litigation Act and Civil Execution Act (Article 18(1) of the Act on Enforcing and Supporting Child Support Payment).
· Application for property specification or property inquiry
· Application for an order for the direct payment of child support
· Application for an order to provide collateral for child support
· Application for an order to perform child support payment obligation
· Application for an attachment order
· Application for order to collect or assign
· Application for an order to detain, etc.
Application for legal support- A person seeking to receive legal support for claiming child support or the enforcement of its payment (hereinafter “custodial parent, etc.”) must submit an Application for Child Support Payment Enforcement Payment Support to the head of the Agency (Article 11(4) of the Act on Enforcing and Supporting Child Support Payment; Article 2(1)2 and Form No. 1 of the Enforcement Rule of the Act on Enforcing and Supporting Child Support Payment).
- A custodial parent, etc., applying for legal support must submit the “documents to be attached by type of legal support” along with the Application for Child Support Payment Enforcement Support (Article 2(2)1 of the Enforcement Rule of the Act on Enforcing and Supporting Child Support Payment).
※ How to apply for legal support services for the enforcement of child support payment
-Go to the page for the application for child support payment enforcement support
☞ Child Support Agency (www.childsupport.or.kr), < Child support payment enforcement support – Application for enforcement support >
-Attend the face-to-face / online counseling session
☞ Child Support Agency (www.childsupport.or.kr), < Child support payment enforcement support – Project overview – Counseling support >
-Telephone counseling ☎ 1644-6621 (No. 1) 09:00–18:00 weekdays (excluding weekends and holidays)