Application for an order for the direct payment of child support 
An order for the direct payment of child support and its cancellation
- If a person who is obligated to make regular child support payments (hereinafter “child support debtor”) fails without just cause to make child support payments at least twice, a family court may, at the petition of a creditor with the enforcement authority for regular child support payments (hereinafter “child support creditor”), order the child support debtor’s income tax withholding collection agent, who owes the child support debtor an obligation to regularly pay wages (hereinafter “income tax withholding collection agent“), to regularly deduct child support from the child support debtor’s wages for direct payment of child support to the child support creditor (Article 63-2(1) of the Family Litigation Act).
· An application for an order for the direct payment of child support may be made by filling in the following matters in the application and attaching an authentic copy (Article 120-4 of the Family Litigation Act).
√ Specify the child support creditor, child support debtor, income tax withholding collection agent and their agents, and the minor child
√ Specify the enforcement authority
√ The specific details of the failure to pay child support at least twice and of the regular child support payment credit for which direct payment is sought and is not yet mature
√ If applying for a direct payment order on only part of the child support credit specified in the enforcement authority or only part of the subject credit, the scope of such credit
- If it is found that the purpose of the order for the direct payment of child support may not achieve its purpose, a family court may, at the application of the child support creditor, cancel the order for the direct payment of child support, in which case the order for the direct payment of child support loses effect prospectively (Article 63-2(3) of the Family Litigation Act).
※ The Application for an Order for the Direct Payment of Child Support and the Application for the Cancellation of an Order for the Direct Payment of Child Support forms are found at the Electronic Petition Center of the Republic of Korea courts (
https://help.scourt.go.kr), at <
Petition Guideline – Assorted Forms >.
- The family court must service the child support debtor and income tax withholding collection agent with an order for the direct payment of child support or an order canceling it (Article 63-2(4) of the Family Litigation Act).
- A party may immediately appeal from a trial on an application for an order for the direct payment of child support or an order for its cancellation. The appeal may be made by submitting a petition of appeal within one week of the date the trial is notified to the family court that conducted the trial (Article 63-2(5) of the Family Litigation Act; Article 120-6 of the Family Litigation Rules).
The obligation of the income tax withholding collection agent
- If an income tax withholding collection agent fails without just cause to comply with an order for the direct payment of child support, the family court may ex officio or at a decision on the petition of a right holder impose an administrative fine of no more than KRW 10 million (Article 63-2(1) and Article 67(1) of the Family Litigation Act).
- If the child support debtor’s main source of income changes, such as through the child support debtor’s change of job, the income tax withholding collection agent must notify the modification to the family court within one week of the date on which the cause arose (Article 64-2(6) of the Family Litigation Act).
Petition for an order to provide collateral for child support and order to pay child support in a lump sum
Order to provide collateral for child support
- A family court that causes regular payments of child support may order a child support debtor to provide suitable collateral to strengthen its enforcement (Article 63-3(1) of the Family Litigation Act).
- If a child support debtor fails without just cause to perform, the family court may, at the petition of the child support creditor, order the child support debtor to provide suitable collateral (Article 63-3(2) of the Family Litigation Act).
· A petition requiring the child support debtor’s provision of collateral for the debtor’s failure without just cause to perform must be done in writing, specifying the following matters, and inscribed and sealed or signed by the petitioner or their agent (Article 63-3(2) of the Family Litigation Act; Article 120-8 of the Family Litigation Rules).
√ Specify the petitioner, respondent, their agents, and the minor child
√ The specification and details of the enforcement authority
√ The amount and period of the cash debt the debtor has yet to pay
√ The purport and cause of the petition
※ The Petition for an Order to Provide Collateral for Child Support form is found at the Electronic Petition Center of the Republic of Korea courts (https://help.scourt.go.kr) <
Petition Guidelines – Assorted Forms >.
· A decision ordering the provision of collateral for the child support debtor’s failure without just cause to perform may be immediately appealed from within one week of the date on which the trial was notified (Article 63-3(2) and (3) of the Family Litigation Act; Article 120-9(1) of the Family Litigation Rules).
- If a child support debtor fails without just cause to comply with an order to provide collateral for child support, the family court my ex officio or by decision at the right holder’s petition impose an administrative fine of no more than KRW 10 million (Article 63-3(1) and (2), Article 67(1) of the Family Litigation Act).
Order to pay child support in a lump sum
- If the child support debtor fails to provide collateral within the obligated period after being ordered to do so, the family court may, at the child support creditor’s petition, order all or part of the child support to be paid in a lump sum (Article 63-3(4) of the Family Litigation Act).
· A petition requiring all or part of the child support to be paid in a lump sum must be made in writing, specifying the following matters, and inscribed and sealed or signed by the petitioner or their agent (Article 63-3(4) of the Family Litigation Act; Article 120-10 of the Family Litigation Rules).
√ Specify the petitioner, respondent, their agents, and the minor child
√ Specify and detail the enforcement authority
√ Specify and detail the collateral provision order
√ Purport and cause of the petition
※ The Petition for an Order of Lump Sum Payment is found at the Electronic Petition Center of the Republic of Korea courts (https://help.scourt.go.kr) <
Petition Guidelines – Assorted Forms >.
- If a person who received an order to pay child support in a lump sum fails without just cause to perform the obligation within 30 days, the family court may, by decision on a petition from the child support creditor, order the debtor to be detained for no more than 30 days until the obligation is performed (Article 63-3(4) and Article 68(1)3 of the Family Litigation Act).
· “Detention” refers to the court’s custody of an obligor who has failed to comply with the court’s order, etc., based on the court’s decision on the petition of the right holder for a detention trial, detaining the obligor at a detention facility, such as a police detention cell, prison, detention center, etc. (Article 70 of the Family Litigation Act; Articles 130 and 132 of the Family Litigation Rules; Article 23(1) of the Trial Rules for the Order of Courtrooms Etc.)
· The foregoing detention decision may be immediately appealed within three days of the date on which the trial was notified (Articles 63-3(4) and 68(2) of the Family Litigation Act; Article 136(1) of the Family Litigation Rules).
Petition for an order to perform child support payment obligation
Order to perform
- If a person obligated to perform financial obligations, such as the payment of child support by a judgment, adjudication, mediation protocol, a decision in lieu of a mediation protocol, or child support contribution protocol, fails without just cause to perform that obligation, they may be ordered to perform the obligation within a certain period at the petition of a party (Article 64(1)1 of the Family Litigation Act).
- Before or after issuing an order to perform, the Family Court may, on the application of the child support creditor, cause a family fact-finding officer to investigate the debtor’s property status and status of performance on the obligation and to recommend the performance of the obligation (Article 122 of the Family Litigation Rules).
※ The Application for the Order to Perform (Failure to Perform a Payment Obligation) is found at the Electronic Petition Center of the Republic of Korea courts (https://help.scourt.go.kr) <
Petition Guidelines – Assorted Forms >.
- If the child support debtor fails without just cause to follow an order to perform child support payment obligation, the family court may ex officio or by a decision by the right holder’s petition impose an administrative fine of no more than KRW 10 million (Articles 64 and 67(1) of the Family Litigation Act).
Sanctions for the failure to perform the obligation
- If a person who received an order for the regular payment of cash by order to perform child support payment obligation fails without just cause to perform such obligation for at least three periods, the family court may, by the petition of the child support creditor, order the obligor to be detained for up to 30 days until they perform the obligation (Articles 64(1) and 68(1)1 of the Family Litigation Act).
· The foregoing detention decision may be immediately appealed within three days of the date on which the trial was notified (Articles 64(1) and 68(2) of the Family Litigation Act; Article 136(1) of the Family Litigation Rules).