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How can I file a child support claim lawsuit?

I am going through a divorce by agreement with my wife. Everything else has been agreed, and I decided to take custody... However, my wife says she has no intention of paying child support and will not pay it?? I understand that in such a case I can file a child support claim lawsuit, so how should I go about it?

Child support claim lawsuit

Answer

Published: 2025-05-12

Author : Kuk Il KIM

Hello. This is an attorney specializing in divorce at Daeryun Law LLC.

In principle, child support is jointly borne by both parents in order to protect the rights of the child.

After a divorce, the parent who does not have custody has an obligation to pay child support.

If no agreement is reached on child support, or one parent refuses to pay, you can compel the payment of child support through a child support claim lawsuit.

At the time of divorce, the parents can determine child support by agreement.

However, if no agreement is reached, or one parent refuses to pay child support, the matter must be resolved through legal procedures.

The litigation procedure for receiving child support is as follows.

① Filing a child support claim lawsuit

To claim the payment of child support, you must file a lawsuit claiming payment of child support.

At this time, you must attach the necessary documents along with the content requesting the payment of child support.

② Order to submit a list of property

After filing the lawsuit with the court, the court may order the other party (the parent who must pay child support) to submit a list of property.

This is a procedure to confirm the other party's ability to pay child support.

③ Judgment ordering payment of child support

The court reviews both parties' arguments, attempts conciliation if necessary, and finally renders a judgment.

The court comprehensively considers the costs necessary for raising the child and the parents' economic ability, among other factors, to determine the amount and method of payment of child support.

If the court orders payment of child support but the other party does not comply, you can receive the child support through compulsory execution procedures.

Moreover, if the child support granted in the child support claim lawsuit feels insufficient, you can also consider a lawsuit to increase child support, so if you need help with the overall child support claim lawsuit procedure, please feel free to request a consultation at any time.