Getting child support paid is harder than getting it set

Child Support & Enforcement Matters We Handle

1. Setting Child Support — By agreement, or by the family court if agreement failsSharing the cost of child-rearing is one of the matters parents decide by agreement. If they cannot agree, or the agreement is against the child's welfare, the family court decides, taking into account the child's age, the parents' financial circumstances, and other factors. Even if it was not decided at the time of divorce, it can be claimed separately afterwards.State the monthly amount, payment date, payment account, and end date specifically · Set the end date by reference to when the child becomes an adult (age 19) · How to share special expenses such as education and medical costs · In a divorce by agreement, securing enforceability through a child support protocol · After divorce, filing a child support petition with the family court
2. Past Child Support — You can also claim support you have already spentCosts that one parent spent raising the child alone before or after divorce can be claimed from the other parent as their share. The Supreme Court has held that the limitation period for a past child support claim runs from the time the child becomes an adult and the duty to raise the child ends.Costs incurred before you demanded child support can also be claimed · The limitation period runs from when the child becomes an adult (Supreme Court 2018Seu724) · Prepare proof of child-rearing and expenses · Parents' income and assets, and the number and ages of children, are reflected · The later you claim, the harder it is to obtain proof
3. Modifying Child Support — Increases and reductions are judged by the child's welfareChild support that has already been set can be modified if this is found necessary for the child's welfare. A reduction in particular is generally hard to see as a measure for the child's welfare, so courts first look at its effect on the child and decide cautiously.Evidence of changes in income, prices, and the child's stage of education · For a reduction, the effect on the child is considered first · How the original amount was set and its relationship to compensation for non-economic damages or property division agreements · The custodial parent's remarriage or changes in the child-rearing environment · Before seeking modification, mediation must be applied for first
4. Enforcing Child Support — Using court procedures together with state support programsIf child support is not paid, you can apply to the family court for a order for implementation, a order for direct payment, or an order for offer of security, and if periodic support is not paid for three or more installments, detention is also possible. There are also programs such as collection support through the Child Support Agency, requests to suspend the debtor's driver's license, requests for a travel ban, and public disclosure of names.Order for direct payment: deducted directly from wages after two or more missed payments · Non-compliance with a order for implementation: an administrative fine of up to KRW 10 million (Article 67) and detention · Orders to provide security and orders for lump-sum payment · Requests for driver's license suspension, travel ban, and public disclosure of names · Application for advance child support payment (Child Support Agency)

1. Setting and Claiming Child Support

A divorcing couple decides matters concerning the raising of their children by agreement, and the agreement must include who will be the custodial parent, how the cost of child-rearing will be shared, and whether and how visitation rights will be exercised (Article 837(1) and (2) of the Civil Act). In principle, parents share the cost of raising the child, so the parent raising the child can claim the other parent's share from the non-custodial parent.

If the parents cannot agree, the family court, on its own authority or at a party's request, decides the necessary matters, taking into account the child's wishes and age, the parents' financial circumstances, and other circumstances (Article 837(3) and (4) of the Civil Act). A child support claim is a Class Ma family non-contentious case, so mediation must be applied for first (Article 2(1)(ii)(b)(3) and Article 50(1) of the Family Litigation Act).

A child support protocol prepared by the court in a divorce by agreement is an enforceable title, applying Article 41 of the Family Litigation Act mutatis mutandis (Article 836-2(5) of the Civil Act). Where support is set by the court, the ruling or mediation protocol is also an enforceable title, so compulsory enforcement is available if the other party does not pay.

2. Past Child Support and Modification

A claim for past child support is a claim by the parent who had custody against the other parent for reimbursement of costs spent raising the child before or after divorce. The Supreme Court en banc held that the limitation period for rights concerning past child support does not run while the child is a minor and the duty to raise the child continues, and runs from the time the child becomes an adult and that duty ends (Supreme Court en banc Decision 2018Seu724, decided July 18, 2024).

Child support that has already been set may be modified if the family court finds this necessary for the child's welfare (Article 837(5) of the Civil Act). The Supreme Court held that whether the existing child support burden is unfair must be judged by whether a change is necessary for the child's welfare. Because a reduction is generally hard to see as a measure for the child's welfare, the court should first consider the effect of a reduction on the child, and then decide whether a reduction is unavoidable and ultimately necessary for the child's welfare by considering as a whole how and in what amount the existing support was set, its relationship to agreements on compensation for non-economic damages and property division (officially “division of property”), changes in the debtor's financial situation and responsibility for them, the number, ages, and education level of the children, the parents' income and financial capacity, price trends, and other factors (Supreme Court Decision 2018Seu566, decided January 31, 2019).

3. Court Tools for Enforcing Child Support

A order for direct payment has the same effect as an attachment order and an assignment order under the Civil Execution Act issued at the same time, and it can also be made for child support that has not yet fallen due (Article 63-2(2) of the Family Litigation Act). If the debtor does not provide security within the set period after an order for offer of security, the court may order all or part of the child support to be paid as a lump sum (Article 63-3(4) of the same Act).

A person who, after a detention order, fails without justifiable reason to pay the child support debt within 1 year from the date of the detention order may be punished by imprisonment of up to 1 year or a fine of up to KRW 10 million. However, the prosecutor cannot indict against the victim's expressly stated wishes (Article 27(2)(ii) of the Child Support Enforcement Act).

4. Child Support Agency Support and Advance Payment

Under the Child Support Enforcement Act, the Child Support Agency provides child support counseling and help with negotiations, legal assistance, investigation of the debtor's assets, collection support, and other services. In certain cases, for a debtor who does not pay despite a order for implementation or lump-sum payment order, the agency can also request suspension of the debtor's driver's license, request a travel ban, and publicly disclose the debtor's name (Articles 21-3 to 21-5 of the same Act).

Debtors subject to a request for driver's license suspension are those who did not comply within 30 days after a lump-sum payment order, those whose unpaid child support under a order for implementation is KRW 30 million or more, and those who failed to pay three or more installments after a order for implementation for periodic payments (Article 17-2(1) of the Enforcement Decree of the same Act). However, the request may not be made where the debtor uses the driver's license directly to earn a living (proviso to Article 21-3(1) of the Act).

Advance child support payment is a system in which the child support creditor asks the head of the Child Support Agency to pay all or part of the child support first, on behalf of the debtor. The agency decides whether to make an advance payment within 30 days from receiving the application, and may extend this by up to 30 days if the investigation takes time (Articles 21-6 and 21-7 of the Act). The system took effect on July 1, 2025 under the Addenda of the amendment of October 16, 2024, and an amendment promulgated on April 28, 2026 (Act No. 21600) changes some of the application requirements effective October 29, 2026. The amount and period of advance payment are set taking into account the Enforcement Decree and the child support guidelines, so check the latest Enforcement Decree and guidance before applying. Receiving advance payment by false or other fraudulent means is subject to criminal punishment (Article 27(3) of the Act).

5. Practical Issues

• Securing an enforceable title: If you only have a private agreement and no protocol or ruling, compulsory enforcement is difficult. The first step is to create an enforceable title, through a child support protocol in a divorce by agreement, or through mediation or a ruling after divorce.
• Finding the debtor's income and assets: For a order for direct payment or attachment, you need information such as the debtor's workplace and salary account. You can use the Child Support Agency's asset investigation support or the court's asset search system.
• If support has gone unpaid for a long time: If an amount was set, use a order for implementation; if nothing was set, pursue a claim for past child support. Keep proof (child support expenses, the fact that you raised the child).
• After the child becomes an adult: Even after the end date of periodic support passes, arrears that have already been fixed can be claimed separately. For past child support, the limitation period runs from the time the child reaches adulthood, so do not miss the deadline.
• Responding to a request for reduction: When the other parent seeks a reduction because of reduced income, you can specifically contest the effect of the reduction on the child, the terms of the compensation for non-economic damages and property division agreement, and who is responsible for the drop in income.

Key Court Decisions

Supreme Court en banc Decision 2018Seu724, decided July 18, 2024

Held that the limitation period for rights concerning past child support does not run while the child is a minor, and runs from the time the child becomes an adult and the duty to raise the child ends.

Supreme Court Decision 2018Seu566, decided January 31, 2019

Held that whether an existing child support burden is unfair is judged by whether a change is necessary for the child's welfare, and that because a reduction is generally hard to see as necessary for the child's welfare, its effect on the child must be considered first and the decision made cautiously.

Frequently Asked Questions

Divorce & Adultery Case Results

Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.

Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026