Legal Q&A
Q
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I have been sending the child support determined at the time of divorce until now, but recently I have become financially strained, and the burden is too great. My income has decreased significantly, so I would like to have the child support adjusted, but is it impossible to modify the child support determined at the time of divorce? I would like to have it reduced even a little, but I do not know what to do.
modification of child support
child support
divorce child support
Answer
Published:
Author : Kuk Il KIM
No, child support can be modified.
The parties can modify child support by agreement, and if agreement is not reached, they can file a petition for a judgment to modify child support with the family court and change the child support.
Because child support is determined for the child's welfare, the amount can be adjusted if, over time, the child's age or needs, or the economic circumstances of the custodial or non custodial parent change.
For example, if there is such a change in circumstances, such as a sharp increase in living expenses due to the child's growth, a decrease in the custodial parent's income, or an increase in the non custodial parent's income, a modification of child support can be claimed.
However, a modification is difficult to recognize based on merely personal circumstances or a temporary change in income, and there must be an objective change above a certain level.
Ultimately, the court judges what direction is most beneficial to the child, centering on the child's welfare. Therefore, if you wish to modify child support, it is advisable to prepare the procedure with the help of a specialized attorney rather than proceeding alone.

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Kuk Il KIM
T. 070-5117-2950
Experience as Chief Prosecutor at the Seoul High Prosecutors' Office · Attorney Specializing in Criminal Law/Drugs/Intellectual Property
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