Key Points
- If periodic child support goes unpaid two or more times without a justifiable reason, you can apply for a order for direct payment (the employer deducts the amount from wages and pays it to you directly) (Article 63-2 of the Family Litigation Act).
- If a order for implementation has been issued and periodic support still goes unpaid for three or more installments, you can apply for detention of up to 30 days (Articles 64 and 68(1)).
- A debtor who fails to pay within 30 days of a lump-sum payment order, or who after a order for implementation owes KRW 30 million or more or has missed three or more installments, may be subject to requests for driver's license suspension, a travel ban, and public disclosure of their name (Articles 17-2 through 17-4 of the Enforcement Decree of the Act on Enforcing and Supporting Child Support Payment (the “Child Support Enforcement Act”, 양육비이행법)).
- The advance payment program has been in effect since July 1, 2025, and an amendment removing the household income requirement takes effect on October 29, 2026 (Article 21-6 of the Child Support Enforcement Act; Addenda <No. 21600>).
First, you need an enforceable title
An agreement signed only by the two parents is generally not enough to start compulsory enforcement. You need one of the following: a child support record prepared by the court during a divorce by agreement, a mediation record, a decision in lieu of mediation, or a ruling or judgment (Article 836-2(5) of the Civil Act; Articles 41 and 64 of the Family Litigation Act). If you divorced without fixing child support, you must first file a petition for a child support ruling, and that case also goes through mediation first (Child Support Claims and Modification).
Enforcement tools you request from the court
| Tool | Requirement | Effect | Legal basis |
|---|---|---|---|
| Order for direct payment | Periodic support unpaid two or more times without a justifiable reason | The person paying the wages (the income tax withholding agent) deducts the amount from wages and pays the creditor directly; same effect as a garnishment and transfer order | Article 63-2 of the Family Litigation Act |
| Order for offer of security | When periodic support is set, or when it goes unpaid without a justifiable reason | Order to provide adequate security; if not provided within the deadline, a lump-sum payment order follows | Article 63-3 of the Family Litigation Act |
| Order for implementation | Failure without a justifiable reason to perform an obligation set by a judgment, ruling, record, etc. | Order to perform within a set period; violation carries an administrative fine of up to KRW 10 million | Articles 64 and 67 of the Family Litigation Act |
| Detention | Three or more periodic installments unpaid after a order for implementation, or nonpayment within 30 days of a lump-sum payment order | Detention of up to 30 days until payment is made | Article 68 of the Family Litigation Act |
| Criminal punishment | Nonpayment without a justifiable reason within one year from the date of the detention order | Imprisonment of up to one year or a fine of up to KRW 10 million (no indictment may be brought against the victim's wishes) | Article 27(2) of the Child Support Enforcement Act |
Future child support that is not yet due can also be covered by a order for direct payment, so if the other parent is employed, this is usually the most effective tool (Article 63-2(2) of the Family Litigation Act). If the other parent's main source of income changes, for example by changing jobs, the employer must notify the court within one week (paragraph (6) of the same Article). Before issuing a order for implementation, the court, absent special circumstances, first hears the parties, recommends payment, and explains the sanctions for noncompliance (Article 64(2)).
Administrative sanctions: license suspension, travel ban, public disclosure
Under the Child Support Enforcement Act, if a debtor still does not pay after a lump-sum payment order or a order for implementation, the Minister of Gender Equality and Family may take the following measures after deliberation and resolution by the Child Support Enforcement Review Committee (Articles 21-3 through 21-5).
- Who is covered · (1) a person who has not paid within 30 days of a lump-sum payment order; (2) a person whose arrears under a order for implementation total KRW 30 million or more; and (3) a person who has missed three or more installments under a order for implementation for periodic payment (Articles 17-2 through 17-4 of the Enforcement Decree).
- Request for driver's license suspension · The request is made to the commissioner of the provincial police agency. A person whose driver's license is a direct means of livelihood, such that suspension would make it hard to earn a living, is excluded, and the request is withdrawn once all child support is paid.
- Request for a travel ban · The request is made to the Minister of Justice, and its lifting is requested once the support has been paid or the grounds have disappeared through compulsory enforcement.
- Public disclosure of names · This proceeds only on the child support creditor's application, and the debtor is given at least 10 days to respond. The disclosure covers the debtor's name, age, occupation, address or workplace (down to the road name and building number), the period of nonpayment, and the amount owed, and lasts three years (Article 17-4(2) of the Enforcement Decree).
Advance payment: the state pays first
A child support creditor who meets certain requirements may apply to the head of the Child Support Agency to have child support paid in advance on the debtor's behalf. The program took effect on July 1, 2025 (Article 1 of Addenda <No. 20463>).
| Item | Through October 28, 2026 | From October 29, 2026 |
|---|---|---|
| Debtor's payment record | Average amount paid over the preceding three months or three consecutive installments is less than the advance payment amount | No change |
| Household income | Recognized income at or below 150% of the standard median income | Requirement removed |
| Enforcement procedure | The creditor has applied to the Child Support Agency for legal or collection assistance, or an enforcement procedure is under way or completed | No change |
As a rule, a decision on advance payment is made within 30 days of the application, and it may be extended by up to 30 days for special reasons, such as an investigation that takes longer (Article 21-7(1)). The amount is announced by the Minister of Gender Equality and Family taking the child support guidelines into account, and it is paid until the child reaches adulthood (Article 21-7(2) of the Act; Article 17-6 of the Enforcement Decree). The Child Support Agency recovers the advanced amount from the debtor, and if the debtor does not comply, it is collected in the same manner as national taxes are collected by compulsory means (Article 21-10). Anyone who obtains advance payment by false means is subject to punishment (Article 27(3)). Please check the current payment amount and required documents with the Child Support Agency before applying.
What to prepare before applying
If you know the other parent's employer and the bank account where wages are deposited, order for direct payments and garnishment move much faster. If you do not, you can ask the Child Support Agency to investigate the debtor's assets, or ask the court for an order to submit a list of assets and for inquiries to financial institutions. Keep a table of every missed payment with its date and amount, so you can immediately prove the "three or more installments" requirement for detention. Other issues concerning the children are covered in Parental Authority and Custody and Visitation.
Frequently Asked Questions
The other parent runs a business and does not receive a salary. What can I do?
If I apply for detention, will the other parent be locked up right away?
If the state pays support in advance, does the other parent's debt disappear?
Can the parent who refuses to pay be criminally punished?
Related Guides
Child Support Claims and Modification
Child support is money for the child, not for the parent w…
Read more →Case TypeParental Authority and Custody
In a dispute over a child, the court is not asking which p…
Read more →Case TypeVisitation Rights
Divorce ends the relationship between the spouses, not bet…
Read more →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
Call
KakaoTalk
E-mail