Debt collection support for the enforcement of child support payment
Application for debt collection support- A child support creditor who has not been paid child support finalized by agreement or court judgment by the child support debtor may apply to the head of the Child Support Agency (hereinafter the “Agency”) under Article 7 of the Act on Enforcing and Supporting Child Support Payment for the child support debt collection support necessary for the enforcement of child support payment, including an order for the direct payment of child support, proxy application for an order to perform the obligation, etc. (Article 11(2) of the Act on Enforcing and Supporting Child Support Payment)
- A child support creditor applying for the following under the Family Litigation Act or Civil Execution Act may receive the necessary legal support from the Agency, collection support for the amounts to be paid as a result of such measures, and other child support debtor properties (Article 18(1) and Article 19(1) of the Act on Enforcing and Supporting Child Support Payment).
· Application for property specification or property inquiry
· Application for an order for 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.
- A person seeking support for child support debt collection (hereinafter “custodial parent, etc.”) must attach the following documents to the Application for Child Support Payment Enforcement Support and submit it to the head of the Agency (Article 11(4) of the Act on Enforcing and Supporting Child Support Payment; Article 2(1)3, Article 2(2)2, and Form No. 1 of the Enforcement Rule of the Act on Enforcing and Supporting Child Support Payment).
· One copy of the child support creditor’s debt collection power of attorney
· One copy of a bankbook displaying the account number
· One copy of each document on child support debt (including electronic documents)
- A child support creditor applying for child support debt collection support must furnish the following information or materials to the head of the Agency (Article 14(3) of the Enforcement Decree of the Act on Enforcing and Supporting Child Support Payment).
· The basis for the child support credit
· Information necessary for child support debt collection support, such as the amount and period of the failure to perform the child support debt
※ If a child support creditor receives the child support payment from the child support debtor while receiving child support debt collection support, the child support creditor must immediately inform the head of the Agency of such payment (Article 15(2) of the Enforcement Decree 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 application page for child support payment enforcement support
☞ Child Support Agency (www.childsupport.or.kr), < Child support payment enforcement support – Support application - 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)
Claim for payment to and investigation of the child support debtor- The head of the Agency, upon receiving a child support creditor’s application for debt collection support, must specify the following matters in a written claim for child support payment and notify the child support debtor in writing (including the electronic documents in subparagraph 1 of Article 2 of the Framework Act on Electronic Documents and Transactions) (Article 15(1) and (4) of the Act on Enforcing and Supporting Child Support Payment; Article 8(1) and Form No. 5 of the Enforcement Rule of the Act on Enforcing and Supporting Child Support Payment).
· The child support creditor’s delegation of debt collection
· A peremptory notice to perform the child support payment obligation
· Matters on the debt, including the creditor, amount, etc.
· How to pay the debt
· Measures taken if the obligation is not performed
· Matters on the child support debtor’s opportunity to state an opinion
- If child support is not paid within one month of the notice to a child support debtor to perform their obligation, the head of the Agency must proceed with an investigation to confirm their ability to pay child support, such as the child support debtor’s income and property. The head of the Agency may, as necessary, explain the interest iaccording to the Family Litigation Act to apply for the perusal, etc., of the relevant case records with the permission of the presiding judge (Article 15(2) of the Act on Enforcing and Supporting Child Support Payment).
- If the child support debtor performs the child support obligation, the head of the Agency must immediately cease the investigation into the child support debtor’s ability to pay (Article 15(3) of the Act on Enforcing and Supporting Child Support Payment).