Child support claims and modification:
payment terms matter as much as the amount

How the amount is set

The obligation to pay child support continues until the child reaches adulthood at age 19 (Article 4 of the Civil Act). The spouses set the shares in the first instance, but if they ultimately cannot agree or the agreed amount harms the child, the court steps in and decides based on the child's age and wishes and each parent's financial circumstances (Article 837(2) through (4)).

When setting the amount, the court refers to the child support calculation table. It finds the standard amount in the table that matches the parents' incomes and the child's age, divides that amount according to the two parents' income ratio, and then adjusts it up or down to reflect circumstances such as the child's illnesses, special educational expenses, and the parents' assets. The table may be revised periodically, so check the standard in effect when you apply. Article 5 of the Act on Enforcing and Supporting Child Support Payment (the “Child Support Enforcement Act”, 양육비이행법) also requires the Minister of Gender Equality and Family to prepare calculation guidelines for courts to refer to.

These cases are classified as Category Ma non-contentious family cases, so they go through mediation first, and if mediation fails, a judge decides by ruling (Articles 2(1)(ii)(b)3) and 50 of the Family Litigation Act). The petition is usually filed with the family court having jurisdiction over where the other party lives (Article 46 of the same Act).

Always put the arrangement in an enforceable document. With only a written pledge exchanged between the parties, you will need another court decision if payments stop. By contrast, if you hold a child support record, mediation record, or ruling prepared by the court, you can go straight to compulsory enforcement or a order for implementation (Article 836-2(5) of the Civil Act; Article 64 of the Family Litigation Act). In addition to the monthly amount, write down the transfer date, the receiving account, and when payments end, and agree in advance how large one-time costs such as surgery or school admission fees will be shared, which reduces the room for disputes.

If the other party's income is hidden, you can use the asset disclosure procedure to make the other party reveal their assets, and if that is not enough, use an asset inquiry to find property in the other party's name (Articles 48-2 and 48-3 of the Family Litigation Act).

Past child support

The Supreme Court's position is that if one parent has raised the child alone, that parent may, absent special circumstances, ask the other parent to share the costs for the period before the child support claim was made. However, charging several years' worth all at once could place an excessive burden on the other parent. So the court sets the other parent's share by considering how the parent came to raise the child alone, the amount actually spent, when the other parent learned of their support obligation, whether the money was for ordinary living expenses or unusual expenses such as surgery, and the financial means of both parents (Supreme Court en banc Decision 92Seu21, decided May 13, 1994).

The Supreme Court en banc has also answered how long such a claim can be made. The limitation period is suspended while the child is a minor, and the clock starts running only when the child becomes an adult and the parents' support obligation ends (Supreme Court en banc Decision 2018Seu724, decided July 18, 2024). However, evidence tends to scatter over time, so make a habit of keeping receipts, payment records for academies and hospitals, and transfer records as you go.

Increasing or reducing the amount

Even an amount that has been set can be modified by the court if necessary for the child (Article 837(5) of the Civil Act). Commonly cited grounds for an increase include higher education costs when the child advances to a higher level of school, a noticeable increase in the other parent's income, and rising living costs.

Requests for a reduction are different. The Supreme Court's view is that reducing the amount usually does not benefit the child, so it directed courts to examine carefully whether a reduction is truly unavoidable. The factors to examine include how the original amount was determined, whether it was linked to an agreement on compensation for non-economic damages or property settlement, who is responsible for the decrease in income, the child's grade and age, and price trends (Supreme Court Decision 2018Seu566, decided January 31, 2019). If the other parent applies for a reduction, you can build your response by addressing these points one by one.

When the agreed child support does not arrive

If you hold an enforceable title (a judgment, ruling, mediation record, or child support record), there are many tools besides compulsory enforcement such as garnishment. These include a order for implementation; a order for direct payment, available after two or more missed payments, requiring the other parent's employer to deduct the amount from wages and send it directly; orders to provide security or pay a lump sum; and detention (Articles 63-2, 63-3, 64 and 68 of the Family Litigation Act). Outside the court, the Child Support Agency helps with collection; requests to suspend a driver's license or block departure from Korea, and public disclosure of names, are also possible; and since July 1, 2025, an advance payment program in which the state pays first has been in operation. See the Child Support Enforcement Guide for the specific requirements.

Frequently Asked Questions

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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